Two Former Nursing Home Employees Arrested and Charged with Theft, Financial Elder Abuse

Two former workers at a Perry County, Arkansas nursing home face multiple felony counts of financial elder abuse, after it was discovered that they stole money from the nursing home’s trust fund for the residents.

Jewel Darlene English, 48, and Sharla Renea Christie, 35, who are both from Perryville, are accused of stealing money from the nursing home’s trust account, which was established for residents’ personal expenses and care needs. Reportedly, they used the money to buy themselves clothing, jewelry, shoes, and makeup.

The two women were arrested on charges of financial elder abuse last week, following an investigation from the Attorney General’s Medicaid Fraud Unit.

English was the former administrator for Perry County Nursing and Rehabilitation. She has been charged with financial elder abuse against eight residents – six Class C felony and two misdemeanor counts. Christie, who was the nursing home’s office manager, has been charged with financial elder abuse against four residents – three felonies and a misdemeanor count.

The two women reportedly stole a total of $4,604 from the account. The investigation revealed that they made a series of unauthorized withdrawals from the account between September 21 and November 21, 2012. They reportedly wrote checks to themselves from the account, signing and cashing the checks, and then using the money for personal benefit.

“We trust nursing home employees to care for our loved ones, not to spend our loved ones’ money on items like lipstick, jeans and costume jewelry,” Attorney General Dustin McDaniel said Wednesday in a news release announcing the arrests.

Financial Elder Abuse and Exploitation

In addition to neglect and abuse, South Carolina’s Office of Aging recognizes a third risk that aging adults are exposed to: exploitation. The two most prevalent forms of elderly exploitation is financial abuse and medical fraud.

Many states define exploitation as the wrongful use of an older person’s resources for another person’s profit or advantage. State laws use various terms to denote the wrongful nature of the act, such as “illegal,” “improper,” “unjust,” and “without legal entitlement.” Some definitions refer simply to the misuse of the person’s funds, property or person. Some states specify that, to qualify as exploitation, the resources must have been obtained without the older person’s consent, or obtained through undue influence, duress, deception or false pretenses.

One type of exploitation is a breach of a fiduciary relationship, such as a guardianship or power of attorney, in which the older person’s property is misappropriated or resources are misused. A plaintiff who seeks to prove financial exploitation may need to rely on a different set of experts than those relied upon in matters of abuse and neglect. Rather than physicians and nurses, his or her attorney may retain accountants and computer experts to show the loss of resources and explain the transactions at issue.

In financial elder abuse, aging adults are taken advantage of by caregivers (related or unrelated). This can occur by home health care workers or at nursing homes and long-term care facilities.

Financial Exploitation includes:

• theft and credit card fraud,
• stealing identity,
• using real estate for personal means, and
• conning nursing home residents into purchasing a fraudulent service or product.

Financial exploitation might not endanger an older person’s health or safety, but it results in the loss of the person’s estate and self-esteem.

The Strom Law Firm Defends Senior Citizens Against Financial Elder Abuse

If you or a loved one has been the victim of financial elder abuse or exploitation by your care facility, nursing home, caregiver, or a relative, contact us today. Come in for a free consultation with one of our nursing home abuse and neglect lawyers to discuss your situation and hear how we can help. 803.252.4800