On June 28, 2021, a Michigan Attorney General (AG) announced that a Michigan woman will face embezzlement charges for allegedly stealing money from her mother and brother while they lived in nursing homes. The woman faces two counts of embezzlement from a vulnerable adult over $1,000 and under $20,000, felonies punishable by five years in prison and/or $10,000 each.
The woman was guardian for her mother who lived in a nursing home in Detroit, Michigan. It is alleged that the woman used her position as guardian to spend more than $17,000 from her mother’s bank accounts on items not related to her mother, while also not paying for her mother’s care at the nursing home.
Additionally, the woman was her brother’s social security representative payee who lived in a different nursing home in Michigan. It is alleged that the woman used her position as her mother’s guardian to access her brother’s bank accounts and spend more than $6,000 from his accounts on items not related to him or his care.
The Michigan’s AG office stated, “Taking on the role of guardian for a family member is most often a noble and compassionate undertaking―but with it comes legal obligations. Getting legal access as guardian to the finances of a family member does not make the account your personal slush fund. We stand ready to take action against anyone who tries to take advantage of those no longer in control of their own finances.”
Issue:
It is the obligation of each nursing facility to protect residents from misappropriation and exploitation of funds and other personal property. It is a violation of federal and state regulations and laws for any persons, including facility staff, volunteers, visitors, family members or guardians, or other residents 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. In addition to criminal charges, it is a violation of F602 Free from Misappropriation/Exploitation.
Discussion Points:
- Review your policies on misappropriation of resident’s belongings or funds to ensure that they meet all requirements of the resident financial rights F-Tags. Update as needed.
- Train all staff about abuse, neglect, and exploitation of residents, including misappropriation of personal belongings or funds, and staff members’ personal liability if they commit any of these violations. Document that the training occurred, and place the signed document in each employee’s education file. Provide education to residents and family members so they are aware of the need to monitor resident fund and credit card statements, and to report any concerns immediately to facility personnel.
- Periodically audit residents’ funds to ensure that no misappropriation has occurred.
