Cerenity Residence South St Paul Complaint Findings for Exploitation
In a report concluded on February 16, 2011, the Minnesota Department of Health cites Cerenity Residence South St Paul for exploitation by staff.
The allegation is financial exploitation based on the following: a staff person, alleged perpetrator (AP) used a client’s (Client #1) credit card without authorization, for purchases in excess of $2000.00.
Substantiated Financial Exploitation Complaint Against Cerenity Residence South St Paul
According to the Vulnerable Adults Act, Financial exploitation means:
(a) In breach of a fiduciary obligation recognized else where in law, including pertinent regulations, contractual obligations, documented consent by a competent person, or the obligations of a responsible party (MS 144.6501, subdivision 1d), a person:
(1) Engages in unauthorized expenditure of funds entrusted to the actor by the vulnerable adult which results or is likely to result in detriment to the vulnerable adult; or
(2) Fails to use the financial resources of the vulnerable adult to provide food, clothing, shelter, health care, therapeutic conduct or supervision for the vulnerable adult, and the failure results or is likely to result in detriment to the vulnerable adult.
(b) In the absence of legal authority a person:
(1) Willfully uses, withholds, or disposes of funds or property of a vulnerable adult
(2) Obtains for the actor or another the performance of services by a third person for the wrongful profit or advantage of the actor or another to the detriment of the vulnerable adult
(3) Acquires possession or control of, or an interest in, funds or property of a vulnerable adult through the use of undue influence, harassment, duress, deception, or fraud; or
(4) Forces, compels, coerces, or entices a vulnerable adult against the vulnerable adult’s will to perform services for the profit or advantage of another
(c) Nothing in this definition requires a facility or caregiver to provide financial management or supervise financial management for a vulnerable adult except as otherwise required by law.
For more information from the Minnesota Department of Health, Office of Health Facility Complaints concerning nursing homes, assisted living and other elder care providers view resolved complaints at the MDH website.
If you have concerns about financial exploitation or any other form of elder abuse or neglect contact Elder Abuse Attorney Kenneth LaBore at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.