Misappropriation of Residents' Personal Property by Administrator
Penalty
Summary
The facility failed to prevent the misappropriation of residents' personal property, specifically cigarettes, for two residents. One resident, who was cognitively intact and independent with activities of daily living, and another resident, who had mild cognitive deficits and required extensive staff assistance, were both found smoking in a non-designated area outside the facility. The Administrator observed the residents smoking in this area and, after informing them that smoking was not permitted there, confiscated their cigarettes and disposed of them in the garbage. The Administrator did not return or replace the cigarettes for either resident. Interviews with both residents confirmed that their cigarettes were taken and discarded by the Administrator after being found smoking in a non-designated area. The facility's policy defines misappropriation of resident property as the deliberate misplacement, exploitation, or wrongful, temporary or permanent use of a resident's belongings or money without the resident's consent. The Administrator acknowledged taking and discarding the cigarettes and confirmed that the items were not replaced, which constituted a failure to protect residents from the wrongful use of their belongings.