1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32 | Licensee stated that S1 had a large family with financial struggles. After learning what occurred, Licensee called OS1 to resolve the matter. Licensee stated that $5,000 cash was paid to OS1 to repay R1. Licensee helped S1 repay R1. Licensee stated that OS1 advised them that $5,000 was taken from R1’s account, but S1 stated they were only given $3,500. S1 stated they received three checks of $500. The first check S1 cashed, bought some fruit for R1, then returned the leftover change which was $469 to R1. Of the $469, R1 gave OS1 $100 so $379 was left on R1’s person. On another instance, R1 gave a $1,000 check to S1 and S1 cashed it and returned the cash to R1. S1 advised Licensee that they did not ask for any of the money. Licensee further stated that OS1 was not R1’s power of attorney at the time of these transactions.
Licensee stated that they spoke with other Community Care Licensing staff and an outside agency who both stated R1 was alert. Outside agency told Licensee that R1 was in their right state of mind, and they believed R1 had the right to give money to whoever they wanted. R1 told Licensee that they wanted to rescind the POA. Licensee stated that they were not aware of any relationship between S1 and R1. R1 had told Licensee in the past that R1 liked S1 and wanted to marry S1. Licensee stated that S1 gave R1 the “attention for the care that R1 needed.” Licensee instructed staff not to talk about family issues with residents and emphasized the importance of not accepting gifts from residents. Licensee further stated that they suspended S1 from employment after the incident but planned to resume S1’s employment since S1 needed to work to repay the $5,000 to Licensee.
A subpoena was served to TD Bank, N.A. on December 10, 2024 to obtain R1’s bank records for R1’s account at TD Bank. The Department received bank records for R1’s bank account. The expenditures were reviewed after R1’s admission to the facility on September 17, 2024. The following relevant information was found: Five personal checks were written to S1 between October 10, 2024 and November 23, 2024 totaling
$5,000. Per the interviews conducted during the audit, the Department learned that R1 voluntarily gave the checks to S1, and S1 accepted the money. S1 stated that S1 did not keep all $5,000 that was withdrawn and returned some of the cash to R1. During this time, R1 did not have a conservator or Power of Attorney, but the Physician’s report indicated that R1 had a Major Neurocognitive Disorder and was not capable of managing their own cash resources. The Licensee was advised to ensure all new hire's have appropriate on-boarding training to include Personal Rights training with a focus on financial exploitation/abuse.
Based on interviews which were conducted and record review to include the results from the financial audit, the preponderance of evidence standard has been met, therefore the above allegation was found to be substantiated. California code of Regulations, Title 22, Division 6 & Chapter 8 is being cited on the attached LIC 9099D. An exit interview was conducted and a copy of this report along with Licensee Rights (LIC 9058 03/22) were provided to Administrator, Irma Laconsay whose signature below confirms receipt of these rights. |