Prohibited caregiver calling mom. Do I have any legal recourse against this caretaker?

Bianca, do NOT call this woman.  If you're considering what's known as injunctive relief, through a PPO (Personal Protective Order), you probably would have to list general and specific instances of inappropriate action, as well as your advice to the caregiver to cease that action.

Other than phone bills, you have no way of documenting calls.    Letters or e-mails, especially certified with receipt acknowledgment, can provide documentation.   

W/o documentation, the caregiver can deny ever having been notified by you to "cease and desist" contact with your mother.

Thank you. I am POA. My mom asked her not to come over( the woman wanted to come over)saying she was busy, not feeling well etc, while the grifter tried to talk about coming over to help. Mom is marginally assertive. I told her she didn’t need to make excuses, just tell her she didn’t want to come over. Mom considered her a “friend” of sorts in the past She is understanding about boundaries more now. Her last “friend” caregiver, was forging checks. It took me 15 years to get her to see who the person was. She did press charges, and got $ back from this....

Thanks. Last year, I gave the agency director copies of the checks mom wrote, loaning her $ and off the books $. They opted not to fire her ( she is a church going, cookie baking charmer & a gambler) but demanded deletion of my moms phone #, and prohibited contact. Luckily, mom told me she called( I never told mom of my initial report). I immediately contacted the agency director, who told me the worker was now mainly an “independent contractor “ who did some work for them twice a month. She was going to “reach out” to her re:,not contacting mom. She said to let her know if she called mom again. I emailed the director, saying that this woman is likely a serial predator, and a big risk for her agency. I have a cousin that is a lawyer, and told the agency director to let this woman know I am consulting with her and will take action if need be!

I am surprised the caregiver was not fired. First for taking the loan and second for working off the books. I would not trust her and the agency is wrong to send her to another client.

I would personally call her and tell her to stay away from Mom. That if she contacts her again you will take action.

What is the harm done to your Mom, with this last contact? Legal recourse against the caretaker would require you to prove damages, or threat. Or if the caretaker did not pay your Mom back...there may be a civil lawsuit. (O pardon me, I am not a lawyer or an expert). It is a concern for you, and you can be so grateful your Mom has said no. I get that. The caretaker at the very least is unethical.

However, there comes a time in everyone's life, that we choose to let some things go. If the caretaker is not a scam artist, maybe let the agency deal with her? There is a saying for this. "Is this the hill you want to die on?" My concern is your Mom's safety, and your stress level. Can we really, out of frustration and even justified anger, address everyone else's behaviors?
Or just our own in these very difficult times?

If your Mom was not paid back the money borrowed by the caretaker, go ahead, go after her. Get her fired, seek justice for your Mom. No one wants someone to get away with scamming elders. And you are conscientious enough to prevent that from happening to others.

You can change agencies. By doing that, you are voting with your feet. The agency responsible will take notice, losing a client because of this caretaker.
There are oversight and regulation people over the agency. You could take the issue to them.

Hoping you can find justice and peace for you and your Mom, even if you decide to let it go. 🕊

If she calls your mother again, ask the agency for her number. Tell her that if she contacts your Mom again you will get a stay away court order, a restraining order forbidding contact. Tell her that this will not look good on her record and you hope you aren't forced to do it. I am assuming that you are POA for your Mom and ABLE to act for her. Also you could let the agency know and THEY could warn her of your ability to get a stay away order, which would not be good on her record. Can't really think of anything else. If your Mom is able to act on her own you might discuss this with her; assure her that agency workers are NOT allowed to ask for loans and get loans from clients and in doing this she was wrong; that your Mom should ask her not to call again. But there is no assurance that Mom will agree with you or do this, of course. Good luck.