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I. How We Work in Washington. Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services. APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
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V. Complaints. Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights. APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.I agree that: A.I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information"). B.APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink. C.APFM may send all communications to me electronically via e-mail or by access to an APFM web site. D.If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records. E.This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year. F.You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
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We filed a police report and the detective informed us along with the bank that since mom gave her the card to get money from the ATM for her, that is giving permission to have full access to her debit card. She took over $5000.
Using the card outside the scope of consent is illegal. Detectives are lazy and their prosecutor prob thinks they cant get a conviction. Demand at least a report be filed, then get yr a copy which will have suspects info in it. Use that info to get a civil case started. Also, call the lieutenant and complain. Its dereliction of duty to refuse to take a criminal complaint. In law enforcement it's called KICKING THE CALL.
What proof that the CG had permission? She might have just stole it & used it for herself. If patient did indeed give her an atm Debit card & withdrew $5,000, then there would be a receipt with remaining balance. The bank has cameras...have them get pictures of Caregiver withdrawing $$$. Also file police report. & lawsuit against agency. These cases make me want to scream. I hope caregiver goes to jail for a long time. Put credit freeze on reporting agencies like Equifax. Report card stolen & talk to them about what happened so you can possibly get it back, which I doubt. Hugs 🤗
What is clear here is that the card should not be in her care. This is a she said /she said and there can be no proof. Stop the ATM withdrawals. Do POA leaving a small spending account for the person if she is incompetent to handle money. This could be the beginning of big problems you need to get stopped.
I would not rely on police for a legal opinion. They may be saying there is no criminal action, when you are more likely concerned about a civil action.
I assume these withdrawels took place over a period of time -- my bank wont let me tak out 5K at one time.
I agree, consult with attorney. The company may have bonded/insured employees so I would not let go without trying.
The caregiver agency that I used would not let employees take my mom to an ATM or let the employee use the ATM card on their own. At first I was angry since going to the bank for mom to get cash was something I needed the agency to do but then I thought about it more. Check with the agency about their rules.
The CG took $5000 and kept it? I imagine you have not seen her since.
If your mom has any cognitive issues that could be in her 'favor' as to getting the money back.
I worked Elder Care and did use my client's card to purchase things but she was always right there to see me do it. To take her card to a bank and get such a sum would have set off all kinds of alarms!!
I DO think the CG agency has some responsibility in this--they hired and bonded her, right?
Just my opinion, but when I worked in EC, we had to have receits and documents of all kinds for ANY money spent while with the client.
I agree with JoAnn, but also wondering if your mom has been diagnosed with any cognitive issues and if so, did the agency have this info in their file for her? Because if they did, then the CG also must have known it. FYI I believe that stolen amount is a felony...I wish you success in recovering the money!
You know, based on my parents experience with something like this, I think the issue here may be that you can’t prove the intent. While it may seem cut and dry, it’s really not. Because your mom DID give the caregiver permission. In my parents situation, my brother who was a meth addict at the time, stole my mother’s debit card in the middle of the night, over the course of at least a week, and drained the account by withdrawing the daily maximum amount ($300 at the time) from an ATM machine. My parents called the police and went to the bank. The bank said too bad, you are out the money because at one point in time, my mom had given my brother (and I) her debut card and allowed us to withdraw $20-$40. This was before my brother became a drug addict and a criminal. The police arrested him and he was convicted and did some time.
My question is, did the detective send the case to the DAs office? It’s the DAs office that determines if charges will be filed. You need to find out if the DA declined to file charges.
Proving intent is not an element in this case. Also, cognitive issues AND also an elderly person makes the charges a crime with a stiffer sentence. This is not a civil case but it can be if law enforcement wont do their job. Any officer that tells you different is lazy. Also, it is a REQUIREMENT of a police officer to know the law, not experience-learning.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
I assume these withdrawels took place over a period of time -- my bank wont let me tak out 5K at one time.
I agree, consult with attorney. The company may have bonded/insured employees so I would not let go without trying.
If your mom has any cognitive issues that could be in her 'favor' as to getting the money back.
I worked Elder Care and did use my client's card to purchase things but she was always right there to see me do it. To take her card to a bank and get such a sum would have set off all kinds of alarms!!
I DO think the CG agency has some responsibility in this--they hired and bonded her, right?
Just my opinion, but when I worked in EC, we had to have receits and documents of all kinds for ANY money spent while with the client.
My question is, did the detective send the case to the DAs office? It’s the DAs office that determines if charges will be filed. You need to find out if the DA declined to file charges.
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