RCFE / Assisted Living Fact
Sheets:
Theft & Loss
Residents
have a right to a safe environment.
A safe environment is a place where one's personal belongings such as clothes,
jewelry, cosmetics, eyeglasses, hearing aids and dentures are not lost
or stolen.
Theft & Loss Policy & Program
Every
Residential Care Facility for the Elderly must have a written policy and
program on theft and loss.
- The Theft and Loss Policy must be referred to in the Admission Agreement
and be posted in the facility.
- A copy of the policy along with the corresponding California Law
must be given to each resident or her/his family member, agent or legal
representative at the time of admission. A copy must also be provided
to prospective residents upon request.
Inventory of Personal Belongings
It
is the facility's responsibility to maintain a current record of the personal
property of each resident.
- The facility must make a comprehensive inventory and carefully
mark all personal items. This is particularly important for clothes,
watches, dentures, eyeglasses and hearing aids.
- Family members should bring to the attention of the facility any items
that they are adding to or removing from the inventory in order to keep
the inventory current.
- All items in the inventory must be entered in ink, signed by the resident
or family member, agent/legal representative and a representative from
the facility.
- Residents and family members should keep an updated copy of the
inventory.
Protection of Personal Belongings & Money
The facility is required to provide a secured storage area for residents
and, upon the resident's request and expense, to install locks on cabinets
or dresser drawers.
- Expensive items or personal belongings of sentimental value should
be kept with the family or agent/legal representative. If this is not
possible, items should be kept by the facility or locked in a cabinet
or drawer in the resident's room.
- In some situations, the facility might agree to handle the finances
of a resident as a representative payee, e.g. for Social Security and/or
SSI benefits. In order to provide this type of service, the facility
must follow strict accounting procedures, (e.g., no co-mingling of funds),
and be bonded.
Facility Duty to Report & Investigate
The
facility must report to the resident and her/his family or agent/legal
representative any lost or stolen items with a current market value of
$25 or more.
- The facility also has to document the lost or stolen item(s): giving
a description, estimating a value, and indicating the date and time that
the item(s) were taken, discovered or reported missing.
- If the lost or stolen item is valued at $100 or more, then
the facility must also make a report to local law enforcement.
Actions to Hold a Facility Accountable
The law states clearly that if a facility fails to make reasonable
efforts to safeguard the resident's property, the facility must reimburse
or replace the lost or stolen items.It is up to the facility to show
that they have taken reasonable efforts.
In order to protect your belongings, residents and/or family members
should:
- Maintain a comprehensive and current inventory. The law states that
the facility is only liable for items identified on the inventory.
- Write a demand letter requesting replacement or reimbursement including,
whenever possible, receipts showing the value of lost or stolen items.
- File an action in Small Claims Court.
- Seek help from the Ombudsman Program or from Senior Legal Services.
- Make a complaint to the licensing agency. (Refer to the fact sheet
on Filing a Complaint.)
The most pertinent laws are found in California Laws:
Health & Safety Code, Sections 1569.152-1569.154,1569.60, 1569.601;
Welfare & Institutions Code, Section 11006.9; Civil Code, Section
1668; and the most relevant regulations in the California Code of Regulations,
Title 22, Division 6, Sections 87226, 87227, 87568(g), 87572 (a)(2), 87572(a)(13).
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