grey area abuse and a homecare worker

Nurses General Nursing

Published

A man who has been disabled since birth and who had the same homecare worker for several years and is currently in a nursing home. He has not been under the care of this homecare worker or this person agency for over a year and a half. However, the homecare worker has been visiting him at the nursing home because they were "friends". Let me state I am NOT looking for legal advice here because if I were the mod would close the thread down. It has been found that the homecare worker drained this disabled mans bank account. However, there is nothing legally anyone can do, not the police or a lawyer because the man is competent and he says "I gave her the money, I gave her my debit card and told her to take what she needs". He is 59 and it is not considered elderly abuse. But I do have one question because I have very little experience with home care agencies. Remember now he was NOT under care of any homecare agency for quite sometime. Would it do any good to give the agency a heads up on this situation so they could at least pay attention to what this woman does in the future? Or would it be a waste of time? I am really torn, since I know no crime technically has been committed. Legally the worst you could say about her is that she abused her friendship. If I call them and tell them about it I could be accused of slander. However, if I don't call them and I hear she did it to someone else I am going to feel like a slug.

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They should welcome the information. Whether or not anyone at the agency acts upon it or uses the information for future decisions is another story, but at least you will have acted in everyone's best interests by having a little chat with the Director of Clinical Services concerning this matter.

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what is the problem if the pt willingly knew and allowed this?

leslie

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what is the problem if the pt willingly knew and allowed this?

leslie

Like the thread title says, "grey area". Technically no laws have been broken here. But it is bad form to take money from a disabled person like that, it was only few thousand dollars but it was all he had. You wouldn't do it and either would I. Steps have been taken to keep it from happening again. The cash in that account acumulated as result of gifts from doting family members. Now he is going to get an allowance every week in the form of small amount of cash instead of a bank account and a debit card. The cops and the lawyer said the same thing, "you can give your money to anyone you want to give it to and so can he". Many people in the world do things that stink but are technically legal. That is the source of my conflict. Do I complain to this persons employer when they haven't broken the law? On the other hand she got off scott free and may try it again.

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There sometimes is a fine line between what is "legal" and what is only morally reprehensible. This worker would not hesitate to further her own agenda as long as she believes she will not be caught. Unfortunately, this type of behavior is not uncommon in home care.

If I were the DOCS of that particular home health agency I would want to know this info, both to be on the lookout for the patient's sake, and to know about the worker so I could insure that she is never hired by my agency.

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Specializes in ICU.

I would not do anything without clearing it with a lawyer first. You do not want to get sued for slander or libel. The truth is a defense in slander and libel cases, but it might cost you a lot to defend one.

JMHO.

:paw:

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I do not see a grey area at all. If the man is lucid - aware - and able to make coherent decisions that is his choice. You have no idea what the circumstances were. Maybe she has a hard knock life and he felt that she could use it - so he told her to get what she needed... Either way it was his choice. There is nothing you can do.

It might not be what most of us would do, however the man is entitled to do as he pleases. Whether he is disabled is neither here nor there. This happens all the time in the world to people of all walks of life and health status. If the police and a lawyer both agreed that it was legal - why press the issue?

Educate the man on people taking advantage of him and let it go.

Why would you want to call someones employer if the issue is legal? Morals and ethics are not always black and white - as your post title states - grey areas. Some people are less moral than others... I personally believe God will give the come around ten fold to people who are dishonest like this. But there is a difference between someone being less moral than another by taking advantage of a patient and someone doing something illegal and being legally responsible to report it to their employer.

On a lighter note, it is a wonderful that you are so compassionate and caring for this man. You have a heart for him and your job - dont lose that. Try to remember that things have a way of coming back around to people.

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These responses are all so thoughtful and insightful. I really appreciate you taking the time to respond.

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I'd be willing to bet the agency has a policy about this type of thing. Any way you could find out? I'm employed by a hospital and we are not allowed to accept tips from patients.

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Specializes in Operating Room Nursing.

It makes me so mad when I hear about people taking advantage of disabled people :angryfire

Kudos to you for caring. If there are no legal avenues because he did this willingly then as an advocate the best thing for you to do is to help by educating this man to be more careful in the future and never to give anyone his debit card and pin number, to be wary because there are people out there who prey upon the vulnerable.

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Specializes in Critical Care.

You want to call her employer and report what? As you said, he's not been under this worker's care for over a year. Yes, they may maintain a friendship, that is their business. And unfortunately, he has the right to make bad decisions regarding his financial wellness...as we all do. I don't think you can honestly say you know the entire dynamic of their relationship and I think you'd be wise to keep out of it entirely. This patient was competent and again, made a bad decision.

You made a comment that you'd feel bad if this worker did this again. But you don't know really what they did. Appealed to a friend for help and didn't pay them back? Not really under our purview as healthcare providers. If it has been investigated and no legal action was necessary then nothing to do. I know it's hard when we feel a patient may have suffered..but that is a feeling we have to deal with. I feel bad when my patients make bad decisions all the time..but that is their right as human beings in this society. That is something I learn to deal with. Offered IMHO.

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He is 59 and it is not considered elderly abuse. But I do have one question because I have very little experience with home care agencies. Remember now he was NOT under care of any homecare agency for quite sometime.

Short answer: Report to Adult Protective Services. Even though 59, this man falls under the 'elderly or infirm' clause for elder abuse. If that is even occurring. Let the legal process work for this man, as he is presently in a safe place. That will be the most effective single action that you can take. :specs:

Then let it go.

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