A Michigan caregiver was convicted in a jury trial of multiple offenses, including embezzlement, from a 90-year old woman for whom she was the primary caregiver. The caregiver’s husband and brother had previously pled guilty to embezzlement in connection with this case.
The 90-year-old victim previously lived with her daughter and son-in-law. Her daughter died suddenly in October of 2018, and her son-in-law hired his sister as the caregiver. The caregiver stole from the victim’s bank account and used her credit card to obtain cash advances. These financial transactions were conducted without the victim’s consent.
The caregiver was found guilty of the following charges:
- One count of embezzlement from a vulnerable adult, between $50,000 and $100,000
- One count of embezzlement from a vulnerable adult, $1,000 or more but less than $20,000
- One count of using a computer to commit a crime; three counts of using a financial
transaction device without consent
- One count of failure to file taxes
The caregiver was also charged with one count of resisting or obstructing a police officer, which occurred during her arrest for the embezzlement charges. This charge is held in a separate case.
The caregiver’s husband pled no contest to two counts of receiving or concealing stolen property and agreed to pay $2,700 in restitution. The caregiver’s brother pled no contest to one count of receiving stolen property and one count of embezzlement from a vulnerable adult. He has agreed to pay $2,000 in restitution fees.
A sentencing date for the Michigan caregiver is pending at this time.
Issue:
It is the obligation of each nursing facility to protect residents from abuse, neglect, and exploitation. Residents should be discouraged from keeping cash, checks, and debit or credit cards within their possession. Cash can be kept in a locked area within the facility that the resident is able access upon request. It is a violation of federal and state law for any persons, including facility staff, volunteers, visitors, family members or guardians, or another resident, to exploit or misappropriate a resident’s funds or personal property. A facility is required to report any allegations of misappropriation or exploitation of a resident’s funds or personal property to local authorities and the state agency. In addition to criminal charges, it is a violation of F602 Free from Misappropriation/Exploitation.
Discussion Points:
- Review your policies on preventing, identifying, and reporting misappropriation of resident’s belongings or funds to ensure that they meet all requirements of federal and state regulations.
- Provide staff training on the CMS regulations for residents’ rights to be free from abuse, neglect, exploitation, and misappropriation of personal property; staff members’ responsibility to prevent these from occurring; and their personal liability if they commit any of these violations. Educate residents and family members on the importance of monitoring their monthly bank and credit card balances and immediately reporting any concerns to facility staff or through the hotline.
- Periodically audit resident fund accounts to ensure that no misappropriation has occurred. Interview residents to determine if they have concerns about the safety of their belongings or funds.
