Is it OK for a caregiver to take a gift over $5000?
Patient wants to pay for caregivers daughters tuition. Patient feels that it’s not the agencies business. What he does with his money. How do I stop this from happening?
You are correct that this is illegal, and fraud/abuse of an elder. Report directly to the Agency. Let them know you are reporting directly to APS at the same time and do that. Do not count on the agency to do that. Also go to Police to make out a report or local Sheriff's office. I would in fact also contact the DA office.
This could possibly be seen as financial abuse. This is very tricky waters. If the patient gifts the amount that you are indicating there may be a problems IF the patient ever needs to apply for Medicaid. (I know probably not likely but you never know what might happen...) Most Agencies prohibit monetary gifts that are above a set amount, typically about $25.00. They want no appearance of financial abuse, coercion and favoritism for one caregiver for another. (How would you feel if you were a caregiver and found out that another caregiver taking care of the same person was gifted $5000.00 and you were given a $25.00 gift card to Panera?)
If you are the recipient of the gift, decline it. If you are aware of the gift to another, all you can do is report it to a supervisor. And this is tough but if it were me if this is a patient you I would be caring for I would be inclined to step away from this client. (The temptation is there and I would not want to stand on that slippery slope)
My aunt was left a house in the will of someone she cared for in a professional capacity. This left my aunt open to accusations of wrongdoing. My lovely, caring aunt.
Even my mum briefly questioned her sister's integrity when she heard. Yet it was a shock to my aunt that this had happened.
The thing is, my aunt was kind and she made her patients feel that they mattered. She wasn't coercive or a con artist. She had been a nurse since she left school in the 1950s. She had dedicated her life to looking after others and became a carer when she retired as a ward sister.
I think we should be more careful when making judgments about the intended recipient of the $5000; we don't actually know the circumstances. Nevertheless, a large gift is not a good idea for numerous reasons.
When I was a guardian for my mom, I periodically had meet a guardian ad litem (GAL) and I had yearly financial staments. The GAL told me that over $600 were the most noticeable. This excluded rent and medical.
But this is a caregiver and an unethical money transfer called undue influence. This can be reported to the caregivers boss or APS, or police report. If you want to keep this caregiver, then have a frank conversation with the person.
What makes you think this is undue influence, from what you've read? It's the cared for person who is insistent. They are the ones who need speaking to about why this should not happen.
You contact the bank and tell them a vulnerable elderly is being financially abused by their caregiver. In writing is best. If you are POA and need this on file at the bank.
I feel this should be reported to the agency and police do so immediately. The agency has defined rules in place to protect them and their clients.
Wanting to pay for a non relative and employee daughters tuition indicates cognitive decrease in reasoning skills.
I don't think that it's right that carers take large sums of money from people in their care and that there could be cognitive impairment contributing to poor financial judgment. However, wanting to help pay for tuition, whatever the relationship, is not an indication of reduction in reasoning skills - on its own. Human relationships are not cut and dried, they're complicated and messy. So, it's perfectly possible for someone to create a strong bond with someone who they see day in day out.
There could be other reasons why the elderly person wants to gift tuition, such as my stepdad always liked to be seen as a generous man and would want to gift accordingly. He can't do that anymore and knows it - no cognitive impairment there. Or, perhaps, the carer has gone above and beyond, or treated the person like family. We don't know.
For those reasons, I don't think it's necessary to report this as suggested, either, unless there actually is a suggestion of coercion involved. That's not indicated here.
But, it's not a good idea to gift large sums of money, whether there is impairment or not. It leaves the carer open to accusations of wrongdoing and could leave the cared for person with difficult financial questions and problems if they then need help from the state.
Caregiver should never ask for nor accept the "gift". And more to the point, if this patient needs Medicaid in the next 5 years, that "gift" would be included in the lookback period and could prevent them from getting the care they need in a SNF because of the gap.
And additionally - is this a one time gift? Tuition is typically ongoing unless the caregiver's child is graduating after this semester. How many times does the patient intend to "gift" tuition?
If I were that caregiver I wouldn't accept that money. If you are also a caregiver to this patient/client you are a mandated reporter of abuse. If this client has a diagnosis of impairment, then this would be abuse. If I were that client's family (and the FPoA) I'd be enraged. You stop it by reporting the client's intentions to the agency so that the agency can alert the family or PoA or whoever hired the agency.
Is this person making other decisions that may not be in his best interests? Is there cognitive decline or dementia? Is there a long term relationship between patient and caregiver where they’ve mutually grown close? Would reporting this to agency result in caregiver being fired? Does patient understand need for preserving assets for caregiving needs to come and possibly intensify? See, there are a lot on questions to help figure this out
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Report directly to the Agency. Let them know you are reporting directly to APS at the same time and do that. Do not count on the agency to do that.
Also go to Police to make out a report or local Sheriff's office.
I would in fact also contact the DA office.
This is very tricky waters.
If the patient gifts the amount that you are indicating there may be a problems IF the patient ever needs to apply for Medicaid. (I know probably not likely but you never know what might happen...)
Most Agencies prohibit monetary gifts that are above a set amount, typically about $25.00. They want no appearance of financial abuse, coercion and favoritism for one caregiver for another. (How would you feel if you were a caregiver and found out that another caregiver taking care of the same person was gifted $5000.00 and you were given a $25.00 gift card to Panera?)
If you are the recipient of the gift, decline it.
If you are aware of the gift to another, all you can do is report it to a supervisor.
And this is tough but if it were me if this is a patient you I would be caring for I would be inclined to step away from this client. (The temptation is there and I would not want to stand on that slippery slope)
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This left my aunt open to accusations of wrongdoing. My lovely, caring aunt.
Even my mum briefly questioned her sister's integrity when she heard. Yet it was a shock to my aunt that this had happened.
The thing is, my aunt was kind and she made her patients feel that they mattered. She wasn't coercive or a con artist. She had been a nurse since she left school in the 1950s. She had dedicated her life to looking after others and became a carer when she retired as a ward sister.
I think we should be more careful when making judgments about the intended recipient of the $5000; we don't actually know the circumstances.
Nevertheless, a large gift is not a good idea for numerous reasons.
But this is a caregiver and an unethical money transfer called undue influence. This can be reported to the caregivers boss or APS, or police report. If you want to keep this caregiver, then have a frank conversation with the person.
I feel this should be reported to the agency and police do so immediately.
The agency has defined rules in place to protect them and their clients.
Wanting to pay for a non relative and employee daughters tuition indicates cognitive decrease in reasoning skills.
However, wanting to help pay for tuition, whatever the relationship, is not an indication of reduction in reasoning skills - on its own. Human relationships are not cut and dried, they're complicated and messy. So, it's perfectly possible for someone to create a strong bond with someone who they see day in day out.
There could be other reasons why the elderly person wants to gift tuition, such as my stepdad always liked to be seen as a generous man and would want to gift accordingly. He can't do that anymore and knows it - no cognitive impairment there. Or, perhaps, the carer has gone above and beyond, or treated the person like family. We don't know.
For those reasons, I don't think it's necessary to report this as suggested, either, unless there actually is a suggestion of coercion involved. That's not indicated here.
But, it's not a good idea to gift large sums of money, whether there is impairment or not. It leaves the carer open to accusations of wrongdoing and could leave the cared for person with difficult financial questions and problems if they then need help from the state.
And additionally - is this a one time gift? Tuition is typically ongoing unless the caregiver's child is graduating after this semester. How many times does the patient intend to "gift" tuition?
I agree with Daughterof1930, the patient's cognitive health may be of concern.