Complaint·May 17, 2023

Allegation: "Staff are not preventing resident from being financially abused by another resident." It is alleged that resident (R1's) long-term partner; resident (R2) is financially exploiting the resident because a financial institution was contacted by R2 with a request to transfer specific stock shares owned by R1 to R2. The residents met each other at the facility and have been in a long-term relationship for approximately nine (9) years. During the course of the relationship, R1 has had significant physical and mental decline. Per Physician's Report dated 8/2018, it is noted that resident (R1) had cognitive impairment due to a Dementia diagnosis. Based on document review, resident (R1) has periods of confusion and forgetfulness but is still able to communicate its needs and wants. Per staff interviews, the facility notified R1's family that there were Power of Attorney changes made in February 2022 by resident (R1) appointing resident (R2) as "agent" to all powers listed on the Power of Attorney form. In November 2022, resident (R1) and resident (R2) got married. Family interviews confirmed that the facility has informed them of pertinent information regarding resident (R1). LPA interviewed resident (R1), and noted the resident was oriented x 3 to person, place, and situation. The resident denied financial abuse by resident (R2). Resident (R2) denied financially abusing resident (R1), and stated that it was a mutual decision to submit for a transfer stock shares with the purpose of financially securing resident (R2's) future. Since R2 does not have recorded Power of Attorney or trading authorization with the financial institution, financial interests have not been transferred as of yet. A total of 16 residents were interviewed, of which all denied knowledge of financial abuse between residents. All staff denied the allegation stating that R1 is able to communicate needs and has appointed resident (R2) as primary authorized representative with Power of Attorney powers. Per facility protocol, suspected financial abuse is immediately reported to all corresponding parties. Dementia is a developing neurodegenerative disease with different trajectory in people. Although, resident (R1) has fluctuating cognitive capacity its file did not have a physician capacity declaration or conservatorship. There is insufficient evidence to corroborate the allegation. Therefore, the facility cannot be charged with financial responsibility. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur, therefore the allegation is Unsubstantiated. Exit interview was conducted with Director of Health Services Emyrose LaCuesta. A copy of the report was issued.