Misappropriation of Deceased Resident’s Funds and Personal Property by LPN
Penalty
Summary
The facility failed to protect a resident’s property from misappropriation by staff. The resident had a diagnosis of schizoaffective disorder and was documented as having expired on a specified date. After the resident’s death, the resident’s sister-in-law reported that multiple charges were made to the resident’s bank account by an LPN, including a $1,000 PayPal transfer to the LPN. Bank statements showed that beginning the day after the resident expired, 34 charges totaling $4,910.79 were made from the resident’s account, including the $1,000 PayPal charge. The sister-in-law also reported that the LPN had the resident’s cell phone at her home. The Administrator stated he first became aware of the situation when police arrived and informed him of the allegations. A police officer reported that the LPN admitted to making purchases using the resident’s bank account after the resident expired, using bank information saved on a phone, and admitted to having the resident’s cell phone at her residence. The LPN claimed the resident had told her she could have the money in his bank account after paying for his cremation and could keep the cell phone, but there was no documentation of this agreement and no witnesses. Facility policy defined misappropriation of resident property as the wrongful use of a resident’s belongings or money without consent and stated residents have the right to be free from misappropriation, and the employee handbook stated staff should never borrow or take money or personal belongings from residents.
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