Failure to Prevent Misappropriation of Property and Exploitation by Facility Employee
Penalty
Summary
The facility failed to protect a resident from misappropriation of property and exploitation by a facility employee. The incident involved an activity assistant who developed a personal relationship with a resident and convinced him to have his van's title and registration transferred to her name. The resident also provided the employee with money for vehicle insurance, registration, and future caregiving services, as well as access to his credit card, which was subsequently used for unauthorized charges. The employee's actions were not known to the facility's management until the social services director overheard a phone conversation between the resident and the employee discussing the vehicle title transfer. The resident involved was under 65 years old, cognitively intact according to his most recent assessment, but had a history of disorganized thinking and anxiety disorder. He was dependent on renal dialysis and required varying levels of assistance with daily activities. The resident had previously been a victim of financial exploitation and had support from attorneys, a banker, and a private helper for financial matters. Despite these interventions, the employee was able to exploit the resident financially over several months, obtaining both money and property without the knowledge or consent of facility management. Staff interviews revealed that employees were aware of policies prohibiting acceptance of gifts or money from residents and had received abuse prevention training. However, the employee in question circumvented these policies, and the facility's management team was unaware of the ongoing exploitation until it was discovered incidentally. The employee was subsequently terminated, and the incident was reported to appropriate authorities, but the deficiency centers on the facility's failure to prevent the misappropriation and exploitation from occurring.