My father in law gave his caregiver money as gift and now he needs it for his care at home. Can he get the money back from the caregiver?

True, hired Caregivers don't need a license. I had one for Mom and she was really good with people suffering Dementia. Only CNAs are certified thru the state.

All you can do is ask for it to be returned explaining that Dad didn't have it to give it away. In my opinion, no Care giver should take money as a gift from a client.

Good Luck and come back and tell us what happens.

You can always ASK, but wow, is that tacky!
Is this person still your dad's CG?

Asking for the money back would probably end up with the CG quitting. I know I would.

Every time my client 'tipped me out' I made sure her attorney-son knew it and approved it. I did not want to get into the same situation you're in.

What amount money are you talking about? It would have to be a very large sum to really make any real difference in the care he needs now.

So, how much and how long ago?

Home caregivers generally don’t have to be licensed.....he gave the money away. Basically all he can do is ask for it back. Even if there is a POA, what’s done is done. It was his money that he still had access to.

What state is he living in? How much money? Was there any contract for services? When did the gifting occur? How do you know it was a gift and not a payment for services? If your FIL is not interested in, disagrees with or not cognitively able to lead this effort and there is no financial PoA assigned, I don't think there's much of a chance. You must also consider how much money is he/family willing to spend on an attorney (and time!) to recover money that the caregiver may no longer have and court may rule against your dad? Unless it is tons of money and the caregiver hasn't skipped town and blown the wad, I'm not sure this is worth pursuing.

Also, your info that, "His caregiver is not licensed to care for the elderly" I don't think has any bearing on anything in this matter unless he was falsely representing himself professionally in some way and this can be proven.

Unlikely he can get it back.