Staff Misappropriation of Resident Property
Penalty
Summary
A resident with chronic respiratory failure, encephalopathy, and generalized anxiety disorder, who was cognitively intact and dependent on staff for multiple activities of daily living, experienced misappropriation of personal property while residing in the facility. The resident's niece, who managed the resident's finances, discovered unauthorized charges on the resident's credit and debit cards, as well as the disappearance of these cards from the resident's room. The resident reported never giving staff permission to use the cards and expressed feelings of being targeted, unsafe, and trapped as a result of the incident. The facility's internal investigation began after the resident's family member reported the suspicious charges and missing cards. Despite initial interviews with staff and the resident, the facility was unable to substantiate the theft internally. However, law enforcement became involved, and through collaboration with retail store loss prevention and review of surveillance footage, a staff LPN was identified as the individual using the resident's credit card. The LPN admitted to finding and using the card multiple times and was arrested at the facility. The police found receipts for purchases made with the resident's card in the LPN's possession. The facility's abuse prevention policy prohibits misappropriation of resident property and outlines procedures for screening, training, and reporting. Despite these policies, the LPN, who had a prior felony conviction and disciplinary history, was able to access and use the resident's financial property without consent. The resident's inventory of personal effects included the missing cards, and the facility's cameras were not operational at the time of the thefts. The incident resulted in significant emotional distress for the resident, who no longer felt safe and was deprived of access to personal financial resources.