Keating Senior Safety Consulting Financial Abuse in LTC
Sergeant John Keating 31 years ago before Policing !!!!!
The Law says LTC Act Regulatory requirement of mandatory training Identification of abuse, reporting requirements, whistle blowing protection It’s all about the duty to protect in LTC and Retirement - Inspector
Duty to Protect X 2 19. (1) The home Shall protect residents from abuse by anyone and shall ensure that residents are not neglected by the licensee or staff
AND Residents Bill of Rights Every resident has the right to be protected from abuse “Abuse” includes physical, sexual, emotional, verbal and financial “ Financial Abuse ” means any misappropriation or misuse of a resident’s money or property
Police Notification LTC Act Regulation 98 says: LTC Home SHALL call local police when any Alleged, Suspected or Witnessed Abuse or neglect of a resident that M ay constitute a criminal offence No choice but to call
Question: What if Resident says NO, don’t call the Police Do you go against resident’s wish and call the police OR Do you respect resident’s wish and not call the police
https://www.you tube.com/watch?v=FPp4qb-phrA
ANSWER !!!!!! If the incident MAY be criminal, you SHALL call the police So YES, you call anyway Of course politely explain the Law requires you to call and if you don’t, one of those bastards from the Ministry will be by to punish you !!!! Resident can decide to tell police they don’t want to proceed
Types of Financial Abuse in LTC Involving not paying rent at LTC home Is it a criminal offence to not pay rent ? Answer is …..It Depends who isn’t paying the bill !
So what do we do if : Resident has legal capacity to manage their own finances but choices to allow son to manage them for her And son stops paying for his mothers LTC home bill What do we do? A) threaten resident she will be evicted B) threaten son mom will be evicted C) Call police D) Turn matter over to legal to pursue civilly ..much like a renter in private home not paying their rent E) Confirm if resident is aware of situation – advise they can revoke POA/assist in seeking legal counsel
So What do we do if : Resident is does not have legal capacity to manage his own finances His daughter manages his finances as the Power of Attorney Daughter stops paying dads bill to the LTC Home What do we do ?
A) Talk to resident about situation B) Tell daughter is she does not pay dad is evicted C) Talk to daughter about the situation D) Politely explain to daughter that you must report this to the police service E) Turn matter over to legal to pursue civilly F) Call you local police service – note this in your file - talk police language – you are calling to report a theft/fraud not a resident in A_ _ _ _ _ S G) Contact Office of the Public Guardian and Trustee So why would we call the police..what’s the criminal offence?
Criminal Code of Canada – theft by the Power of Attorney 331. Every one commits theft who, being entrusted, whether solely or jointly with another person, with a power of attorney for the sale, mortgage, pledge or other disposition of real or personal property, fraudulently sells, mortgages, pledges or otherwise disposes of the property or any part of it, or fraudulently converts the proceeds of a sale, mortgage, pledge or other disposition of the property, or any part of the proceeds, to a purpose other than that for which he was entrusted by the power of attorney.
Duties of an Attorney for Property under the SDA to act diligently, with honesty and integrity, and in good faith; to explain the attorney’s powers and duties to the incapable person; to encourage the person to participate, to the best of his or her abilities, in decisions about their property; to seek to foster regular personal contact between the incapable person and supportive family members and friends ; and with those who provide personal care to the person. to consult from time to time with supportive family and friends of the incapable person
GOOD FAITH Fiduciary Obligations Obligations based on the principles of good faith. They operate in situations in which trust and confidence is placed in one party by another to act in accordance with that trust. For example, the grantor of a power of attorney places trust and confidence in the attorney. If they don’t pay mom’s bills, don’t buy her new slippers…I suggest they are not acting in good faith as well as possibly committing a criminal offence
SDA - MUST put Financial Needs First Attorneys must put the financial needs of the incapable person first . If there are funds left over, the needs of the person’s dependants are the next priority. After that, if there is money still available, it may be spent to satisfy the person’s other legal obligations.
Comfort Allowance $136 monthly To buy what you need Resident is not capable Son handles mother’s money You have asked 10 times to buy mom new slippers as the old ones have holes and are dangerous to walk in Mom never gets slippers So what can we do ?
Question: Who is getting the comfort allowance? POA son What is he doing with it? May have to be reminded that as POA he must take care of mom’s finances and needs FIRST Shall contact police OPGT
Police Services Never Respond when we call Some police services have officers like me Many don’t Many times the response from police is “that’s a C _ _ _ L matter” Lobby your local police to have a few officers that you will call when non emergency situation This way they can receive training and you will get consistency At very least call and note in the file – or MOH will punish you for not calling local police
POA Tips Use a lawyer – approx $200 Think with your head not your heart Consider two people jointly Don’t make child with addictions/debt Make sure POA knows and banks know POA in effect once signed – include exceptions Careful with Joint Bank Accounts – divorce/law suit
Financial Abuse – Theft of Fentanyl Patches Street value varies depending where you live Between $75 and $150 for a new patch Eat, drink, smoke Taken from residents who cannot report PSW accidental death Medication cart stolen Any theft of narcotics is a criminal offence and reported to police – Tips: check 6 hours, accurate scheduling (let everyone know about camera !!! Bring in Uniform Officer)
Theft of other items Jewellery – Nurse stole earrings Cheques – PSW $12,000 Money – PSW $20 caught on hidden camera House – PSW cared so much quit her job Fraud/Forgery – cheques…on POA documents/wills Mrs. Budkowski case – POA stopped paying bills
Convince resident to sign joint bank account Bad things can happen when accounts joint If there is a falling out – many cases like this If there is a divorce If son or daughter gets sued Sometimes nothing can be done as far as criminal charges Once money is gone, it’s usually never recovered
Other Financial Abuses Frauds and Scams - through mail - and on the computer - different types often committed by cons and crooks
Characteristics of a Con ! Are cons male or female ? Are cons young or older ? Are they poor or wealthy ? Do they look sneaky and suspicious ?
Typical Cons are . . Charming Friendly Appear trustworthy Humourous and witty Caring Complimentary Talkative THEY WANT ONE THING – MONEY$
Words from the mouth of a CON “ Just between you and me” “I can only give you this offer now” “Last chance” “Limited offer” “Too good to pass up”
Why do Cons target Seniors Excessive ability – home/retired Trus t – handshake, houses unlocked, babies on lawn Polite – used against them – won’t hang up phone Finances – may have money or assets – don’t need a lot Embarassment humiliation - major reason seniors don’t report CONS WILL : Usually approach you when you are alone Sometimes work as a team of two or more
Scams to Watch For Advanced Fee letters-different versions/Tsunami Advanced Fee loans-in newspapers Renovations scams-eaves trough $7000/tax Cheque overpayment scams-bath tub Dead air calls-not to worry False charities-give regularly Phony lottery/sweepstakes scams – $100,000 one year – illegal to ask for money Internet users be careful – phishing – never give ID Bank examiner – 2 teachers/lady Oshawa $4900 Diversion-many forms-shopping cart/Christmas Identity theft-only carry what necessary
More Scams Grandparent scam - obituaries Love Scam – looking for love in all the wrong places – internet dating $40,000 she lost/men can L _ _ Free Inspection of water tank, furnace, air conditioner – man put in new stuff old stuff was perfect
AND STILL MORE SCAMS Call from someone representing computer company – told your computer has virus – can fix over phone – ask for credit card High pressure sales at your door, at condo sales or on the phone-hang up/script/drink of milk
Recommend
More recommend
