I finally closed the estate. I used the same agency for a few years, for both my parents, however it did change hands and when my father was in hospice new people were added - we have had her prosecuted, now what about the agency - they couldn't have done the corey checks they claimed to have done. I googled the Nurse in question and she was arrested for theft and bit the arresting officer two years prior to being hired. Please give me direction on who to contact.
You need to find an attorney who handles the damages aspect of criminal activity. it should be a litigator, not an elder law attorney. You also need to find out what the statute of limitations is in your state, which an attorney can advise after you find one and the categories for the suit are established.
Since identity fraud bridges into the criminal aspect, I don't know what the specific categories of suit would be; this is an issue for someone who practices in this area.
Contact your local or state bar (there's still no information in your profile so I don't know what state you're in or what assets might be available to you), or research them both to find litigation firms that handle identity fraud. You might have to start with the larger category of transactional law, then down to contracts, and go from there.
The representations made by the agency could constitute breach of contract, which would be a contracts and transactional issue.
In addition, there's a legal doctrine titled respondeat superior, which holds that an employer is responsible for the acts of its employees or agents (there is a distinction here), which would suggest there are grounds to sue the agency.
Start researching for litigators in the practice areas I suggested, and do it quickly so you're not facing a statute of limitations running out.
https://www.agingcare.com/questions/sue-home-care-agency-worker-stole-dads-identity-222515.htm?cpage=0&cm=701553&z=1
If you're really uncertain how to find an appropriate attorney, find out if your local senior center has free legal advice conferences. Most in my area do, generally on a weekly or biweekly basis. Visit one, and ask the freebie attorney on behalf of your father if he/she can recommend specific practice areas and/or attorneys who can help you.
I assume you've also notified the credit reporting agencies of the identity fraud?
I'm wondering also if there might be an additional charge not only of misrepresentation by the agency, but of failing to meet the standards required of home care agencies (check your state to see if it does have such standards), since the agency "knew or should have known" (typical pleading complaint language) that the individual in question had a criminal background, but the agency erred in hiring that individual. I think fraud and negligence for a specific purpose come into play here.
A background check would not have showed anything if she had not been convicted. You can search for arrests but a background will usually only show an actual conviction.
(Voice of experience here, I found out the person I hired had many arrests but the back ground check was clear.)
One of the most difficult things about caring for someone at home is finding a good honest caregiver.