Failure to Protect Resident from Financial Exploitation by Staff
Penalty
Summary
A staff member at the facility failed to protect a resident with moderate cognitive impairment and a history of major depressive disorder from misappropriation of property and exploitation. The resident, who was admitted with diagnoses including major depressive disorder, adult failure to thrive, and economic difficulties, reported that a staff member took her wallet and ATM card, and subsequently withdrew money from her personal bank accounts without her consent. The resident and her cousin both reported the missing wallet and alleged that the staff member had borrowed money and failed to return it. Bank statements reviewed by facility staff and the resident's cousin showed multiple unauthorized withdrawals over several months, totaling $12,773, with the staff member's name appearing on the transactions. Interviews with the resident, her cousin, and facility staff confirmed that the staff member had access to the resident's bank accounts and had transferred money to her own account. The resident consistently stated that she trusted the staff member, provided her with the debit card and PIN, and was unaware of the extent of the withdrawals. The resident experienced significant emotional distress upon learning of the financial exploitation, as evidenced by multiple episodes of crying and emotional breakdowns documented in psychosocial notes and observed by staff. Facility policy explicitly prohibits exploitation, misappropriation of resident property, and financial abuse, defining these as the deliberate or wrongful use of a resident's belongings or money without consent. Despite these policies, the staff member was able to access and withdraw funds from the resident's accounts over an extended period, resulting in substantial financial loss and emotional harm to the resident.