My best friend's father recently passed. As I was helping her sort through bank statements and other mail, we discovered several withdrawals in the last few months of her father's life.
After the funeral service, one of the nurse aides told my friend that a particular nurse was receiving gifts from her father. This particular nurse was removed from her father's care due something she did unethically.
Its been 2 months since the passing and this particular nurse messaged the deceased's neighbor (the nurse's mother and the neighbor went to school together) and had asked if she knew if the deceased had a will. As she accompanied the deceased to other attorney's in town for reason's unknown. My friend is listed as the executor in the only will known.
I'm suspecting this particular nurse has financially exploited my friend's father. I would hate that this woman would do this to another friend's parent.

Right. So.

Elderly gentleman in receipt of caregiving (?nursing - not quite the same thing, and it helps to use precise terms) services in his own home.
Aides are sent by an agency?
Among the aides, one individual was removed from the team. Why? What thing did she do unethically?
Several unexplained cash withdrawals were made from the client's bank account: list the dates, times and locations.
The aide in question accompanied the client to one or more attorneys' offices in the town. a) how is this known? b) who were the attorneys? c) it may be that the client asked the aide to do this; it is by no means unusual for people to become suddenly energetic about getting their affairs in order, and they may do it in an erratic, disorganised way. But in any case, as her father's only known executor under the only known will, it is your friend's duty to make enquiries and ensure that there is no other valid, more recent will. Better to find out before than after that there is due diligence work to be done.
Did the client's neighbour have the presence of mind to ask her old friend's daughter why she was making enquiries about the affairs of a deceased client from whose service she had, apparently, been fired? If not (fair enough) somebody else certainly ought to.

In any case: organise the facts into a coherent statement of known events which your friend may then want to forward to relevant bodies. These may include whoever regulates professional standards and screening in your area, the agency who employed and sent the caregiver, possibly the police, possibly APS. If you're not sure if a particular party should be on the mailing list, you can always call the organisation itself and ask.

Your account does raise questions about this individual's fitness to work in a position of trust with vulnerable adults. Only I'd suggest it's for your friend, with your stout encouragement and support, to report the concerns.
Helpful Answer (2)
Reply to Countrymouse

I think it would only be considered financial abuse/fraud if the man had an actual diagnosis of dementia or cognitive incapacity. I have a 102 yr-old aunt who has all her mind. She wanted to add me to her checking account (I'm also her PoA) and we did that together. My point is, she was capable of making this rational decision (even though she can hardly walk) and any lawyer would be able to see this. Just because someone is elderly, frail, and sick doesn't mean they don't get to make decisions when in their right minds. That being said, if this nurse worked for an agency or a facility that had a policy against what happened, then I would think this is a pursuable issue, and would do so...keeping in mind whether the amount of money that was "gifted" is way more than what you will be paying an attorney.
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Reply to Geaton777

Geaton77 is right to ask if your friend's father had dementia because that makes all the difference. If he still had all of his faculties then it's his money and he had a right to do whatever he wanted with it. I'm surprised that it was a nurse he was giving the gifts to and not an aide. Usually visiting nurses don't spend much time in a patient's home. They're in and out. The aides are the ones who are there for hours at a time.
You say that this nurse was removed from the case because she did something unethical. What did she do? If it was serious enough that the agency she came from removed her from the case, then she's already been punished and disciplined by them.
Most of the time when something like this happens it's because an elderly person is alone and their family doesn't check up on them much. They discover financial irregularities like bank account withdraws after the elderly person passes away. Then they're angry and upset when they see that their loved one was taking care of the people who took care of them.
Back before I went private care and worked for an agency, I was friendly with an aide who worked for a very wealthy old man who lived alone. He had health problems and was confined to a wheelchair. He was a brilliant man which was how he got rich, and mentally he was as sharp as he ever was. My work colleague left the agency because he made her an offer to be a live-in caregiver privately to him and she could bring her daughter who was a little kid at the time.
This worked out great for a few years. They got along well and her daughter was able to go to a nice school in a very wealthy Connecticut town. One night the client just passed away in his sleep. Then all the family started showing up. Coming out of the woodwork in a matter of speaking. They didn't bother with the guy past the occasional Christmas card or phone call. A few of them did visit for a few hours once or twice a year. When they showed up his lawyer also showed up.
He made a will. An airtight one too which left the entirety of his estate to his caregiver. The house alone was valued at over 5 million dollars. The family tried to contest the will and lost. They lost because he did mention in his will each and every one of them (and their kids) by name and they each inherited a dollar apiece. They likely would have been able to break the will but for his lawyer was a sharp guy and a good friend of his.
Learn from your friend's story. Keep an eye on elderly family members. Stay in touch. Know what's going on with them and care. Or at least act like you do. Elderly people are often living very lonely lives even when they have kids and grandkids. Anyone at any age who's lonely and sick will be inclined to give to the people who are with them everyday and who take care of them.
Helpful Answer (1)
Reply to BurntCaregiver

She needs to get copies of those checks, front and back. You want her signature. Maybe Dad put something in the memo. Was she a Nurse or a CNA? Big difference of about 20 or 30 dollars. Once I got those checks I would report her to the agency and the Nursing Board. In my State the Nursing board oversees CNAs. They provide their certification. And if she was found to do something unethical, why was she not fired. This person should not be working as a Caregiver. Agencies do not allow gifting.

Not sure how your friend could find out there is another Will since they aren't filed till probate. Just need to call every lawyer in her area? I would hope that a honest lawyer would turn down executing a Will with the Caregiver present and that also the person in the Will. You mention nothing about the man having Dementia which would make any Will written after diagnosis invalid.

"Should I report", no you should not, the daughter needs to report this and then maybe sue to have the money exploited returned. If anything, have this person's State license or Certification revoked so she can't work as a Nurse or CNA again. People like this make it hard for others in the same profession.
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Reply to JoAnn29

Did this gentleman have dementia? If not he was free to give his money to whomever he pleased and for whatever reason of his own he may have had.
If however, he has dementia, and this is a NURSE, it is time to report all evidence you have to the Board of Registered Nursing with the person's name. They will follow up just as they do with reports of drug use and other abuse. Wishing you luck.
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Reply to AlvaDeer

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