If she stole the money then the agency could do something. I would report to the agency that she asked for a loan and you gave her the loan. No telling how many other clients she has taken advantage of. I say taken advantage of because even though you willingly loaned her the money I am sure in the back of your mind was the thought that if you did not loan the money would her care reflect that. This is a breach of boundaries, ethics. If you have a contract with her to repay the loan you might want to turn this over to your lawyer. Even a letter to her might light a fire under her to repay. (but probably not) I would give her a period of time to repay the loan. If it is not repaid I would classify it as a loss, lesson learned and I would then request another caregiver from the agency. If the agency does not even try to help you recoup the money in some way I might even consider changing agencies.
No, agency is not responsible. And its unethical for a caregiver to ask for a loan. I personally would report it. Its probably notbthe first time the CG has done this. And if I did loan the money I would put it in writing.
"As of this date Dec 20, 2020 I, JoAnn29, have loaned "Caregivers name" $1000 to be paid back at $100 a month starting Jan 20, 2020 and continuing the 20th of every month until paid back. At which time this does not happen, I will report it to their employer and take legal action".
Always get it in writing. Its your word against theirs.
Your caregivers boss has nothing to do with the loan. It’s an agreement between you and the caregiver. You can’t hold someone else responsible for YOUR decisions to loan a caregiver money & the caregivers decision NOT to repay the loan. I hope you didn’t loan the caregiver money. You shouldn’t be doing that. It’s inappropriate and even if her boss is bonded, it doesn’t cover your loan.
Your profile states that you're caring for a friend. Is the friend, or his/her caregiver, in need of financial assistance, or are you? I apologize for the bluntness, but I'm just trying to put this in perspective.
Others are right in that the agency would not be involved or bonded for loans from a client to a caregiver. That may even affect if not void the contract you've signed with the agency. Most people don't read those contracts, but they contain some very interesting provisions (I read several before deciding on one that really was reasonable and professional). Typically there are strict standards between employee/caregiver and the client.
Accepting funds from a client could even cause the agency to terminate the caregiver's employment.
From another angle, how long have you had this caregiver? Is her need for money legitimate? Did she approach you or did you suggest the loan? A caregiver who raises the issue of a loan with a client is someone that you might want to evaluate seriously in terms of her financial stability. It's not unknown for caregivers with sticky fingers to relieve a client of some possessions.
I'm not trying to be negative and disparage your charitable nature, just sharing some experiences about unpleasant situations that can arise.
No. A bond is not required to pay back the loan. It is entirely the responsibility of the lender to decide whether or not to make a loan, and the lender is the one who is responsible if the lendee doesn't pay back the loan, to pursue it through the legal channels that exist. A bond is to protect the caregiver and the caregiver's agency from accusations of theft; the bond would cover a defense in some cases. A loan is given willingly by a lender, and that lender is responsible for checking out the lendee and making his or her own decision whether or not to make the loan, and whether or not to find a way to insure loss should the loan not be repayed.
SgtGube, if you read the contract from the Agency, you will see that no where in the agreement are loans even mentioned, that is because it isn't a normal situation between client and the Agency.
If you give the caregiver a loan, the contract and signatures will be between you and the caregiver. No way will an Agency sign such a contract, as that is not part of doing business.
I remember giving a friend a loan decades ago. To this day I haven't seen a dime, plus she filed for bankruptcy and other debts had a higher priority then mine. That was money out the window, and a lesson learned :(
Is this something you're contemplating doing or have you already made the loan? In either case, your granting her a loan is voluntary on your part and whether her boss is bonded or not would have no consequence. When a business or company is bonded it protects a client from unscrupulous action on the part of an employee, such as theft.
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I would report to the agency that she asked for a loan and you gave her the loan. No telling how many other clients she has taken advantage of. I say taken advantage of because even though you willingly loaned her the money I am sure in the back of your mind was the thought that if you did not loan the money would her care reflect that.
This is a breach of boundaries, ethics.
If you have a contract with her to repay the loan you might want to turn this over to your lawyer. Even a letter to her might light a fire under her to repay. (but probably not)
I would give her a period of time to repay the loan. If it is not repaid I would classify it as a loss, lesson learned and I would then request another caregiver from the agency. If the agency does not even try to help you recoup the money in some way I might even consider changing agencies.
"As of this date Dec 20, 2020 I, JoAnn29, have loaned "Caregivers name" $1000 to be paid back at $100 a month starting Jan 20, 2020 and continuing the 20th of every month until paid back. At which time this does not happen, I will report it to their employer and take legal action".
Always get it in writing. Its your word against theirs.
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Others are right in that the agency would not be involved or bonded for loans from a client to a caregiver. That may even affect if not void the contract you've signed with the agency. Most people don't read those contracts, but they contain some very interesting provisions (I read several before deciding on one that really was reasonable and professional). Typically there are strict standards between employee/caregiver and the client.
Accepting funds from a client could even cause the agency to terminate the caregiver's employment.
From another angle, how long have you had this caregiver? Is her need for money legitimate? Did she approach you or did you suggest the loan? A caregiver who raises the issue of a loan with a client is someone that you might want to evaluate seriously in terms of her financial stability. It's not unknown for caregivers with sticky fingers to relieve a client of some possessions.
I'm not trying to be negative and disparage your charitable nature, just sharing some experiences about unpleasant situations that can arise.
bianca12
Asked 3 hours ago
Prohibited caregiver calling mom. Do I have any legal recourse against this caretaker?
It is entirely the responsibility of the lender to decide whether or not to make a loan, and the lender is the one who is responsible if the lendee doesn't pay back the loan, to pursue it through the legal channels that exist. A bond is to protect the caregiver and the caregiver's agency from accusations of theft; the bond would cover a defense in some cases.
A loan is given willingly by a lender, and that lender is responsible for checking out the lendee and making his or her own decision whether or not to make the loan, and whether or not to find a way to insure loss should the loan not be repayed.
If you give the caregiver a loan, the contract and signatures will be between you and the caregiver. No way will an Agency sign such a contract, as that is not part of doing business.
I remember giving a friend a loan decades ago. To this day I haven't seen a dime, plus she filed for bankruptcy and other debts had a higher priority then mine. That was money out the window, and a lesson learned :(