Mental HealthQuestion 148 of 200
A resident's nephew, who manages her finances, has been withdrawing large amounts from her account and selling her jewelry without her consent. This is BEST described as:
a.Only criminal if the resident objects in writing
b.Financial abuse under W&I §15610.30, which is reportable elder abuse
c.Acceptable as long as the nephew has power of attorney
d.A private family matter that the CNA should ignore
Explanation
W&I §15610.30 defines financial abuse as taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use, with intent to defraud, or by undue influence. Even a person with power of attorney commits abuse if the use is unauthorized or against the resident's interests. CNAs are mandated reporters (W&I §15630) and must report suspected financial abuse to APS or the LTC ombudsman. It is not a 'private matter' (a). POA does not authorize theft (b). The resident need not file written objection (d).
Law Reference: W&I §15610.07; W&I §15610.30Practice all 200 questions free — no signup required.
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