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Frazzle Asked February 2020

Is it illegal for an administrator to accept a gift (a brand new car) from the family of someone that was in your facility who passed away?

I work with seniors and when one of our seniors passed away and one of the family members to this particular person gave a car to our administrator. The giver is also a senior who is depressed and suicidal but not confused or having any dementia. there's been a lot of discussion among the employees about whether this should be reported and if so who do we report it to? The person who received the gift has been inconsistent in their story at first stating that it was a loan and then stating it was a gift. Person has also bad mouthed the person who gave the gift before and after receiving it.

worriedinCali Jul 2020
Well it’s time to move on dont you think? You posted this 5 months ago and never reported it.....

Geaton777 Jul 2020
I'm not so sure it is illegal or even unethical. If there is no connection to the facility, then it's just a private person giving a gift to another private person. If there's no resident (because she passed) and therefore no "connection" to the facility how is this gift a problem? How do you know if the resident's dying request was made to a family member to maybe to give the car to the administrator? Maybe the family inherited the resident's car and didn't need it and out of gratitude gave it to the administrator? Sorry...not seeing the problem here if there's no longer a business connection between the two.

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AlvaDeer Jul 2020
There is almost certainly a corporate office involved with your facility. And yes it should be reported. I would do so anonymously, but would include the name of the person who gave the car, and information about the car (new or used? year and make?). All the information you gave here. It is very unlikely that it is illegal. It would be, yes, unethical to take such a gift, especially if someone who gave it remains in care.

gladimhere Feb 2020
Draft a letter for all who will sign it to send. You could even do so anonymously, use names like CNA #1, RN#2, etc. Make something up.

Strength in numbers, losing so many staff would be very difficult for the facility.

needtowashhair Feb 2020
Illegal? I think it depends on whether there was quid pro quo. If there was, then that can be bribery.

I used to work for an organization where accepting a gift of that value would be illegal. There was dollar limit of gifts we could accept. Even under that value, I didn't accept anything since the appearance of impropriety is just as bad as actual impropriety.

If you want to report it, I'm sure there is some anonymous mechanism in your organization. If not in that facility, then at the corporation that runs it. I would think especially in a health care environment, it would be a must.

Grandma1954 Feb 2020
Most have policies that restrict the value of a gift that is given. (I think $25.00 is common)
I would feel very uncomfortable accepting a gift over $25.00 and if this is an administrator of a business that is for profit it sure can cast a bad light, almost like a bribe.
I volunteer for a Not for Profit Hospice and any gift over $25.00 is turned in to the administration and that is used for supplying services for underfunded individuals, some gifts are used as incentives during "silent auction" fund raisers or if a family has a particular request that normally would be difficult to fulfill.

If you have a corporate office I would make sure they were aware of the "gift"
I am sure if you check with HR there must be a policy that is in writing about this very thing. If so it would be reported to HR.
If nothing else the employee should be paying tax on the value of the "gift"
Frazzle Jul 2020
This is also a small not-for-profit organization. I have seen the car and I have spoken to the donor. Most people feel that if the car was donated to the facility for use by staff of the facility it would be more acceptable. I feel that it is taking advantage of an elder who is lonely, suicidal and depressed since the loss of their spouse. There is a policy in place that says you cannot accept the gifts of more than $25. Also I'm quite sure I would lose my job if I reported it.
lealonnie1 Feb 2020
Well, I tried to give the Executive Director of my mother's Memory Care ALF a costume jewelry necklace that I thought she'd like, based on her wardrobe choices, and she told me she could not accept gifts from the residents or their family members. She thanked me profusely, of course, but her stance was firm.

Seems to me that a gift of an automobile is totally inappropriate and questionable, at best. Illegal? I have no idea. But I do know my mother's ALF has policies regarding gift giving at the holidays and strict rules pertaining to how to go about it.

Good luck!

Countrymouse Feb 2020
This should be covered in your company's handbook. Look it up. If it says "no gifts," you report it to the administrator's line manager and/or HR.

Who the donor is, what the donor's state of mind is, what the nature of the gift was and whether or not the recipient is duly grateful and deserving don't enter into it, which should make the situation beautifully simple. The facility must have a required code of conduct, the receipt of gifts will be covered, see what it says and act accordingly.

Mind you. Bear in mind that the recipient sounds like a bit of a story-teller, and that the whole tale could be a work of fiction or at least heavily embroidered. Have you actually seen the car? Are you sure she didn't buy it from the family member, for example?

Anyway. Bring the discussion to the attention of the administrator's line manager before the rumours stir up more trouble and ill-feeling.
FloridaDD Feb 2020
All of this.   I even wonder was the car even gifted? Title transferred?  Transferring title on a car requires paperwork.   Of does a worker borrow it?   Is the donor living in assisted or independent living and is it parked there?
JoAnn29 Feb 2020
Be aware, that if u report it and its not anonymous be ready to lose ur job. Either u get fired or they will do everything they can to get rid of you. This may effect future employment.

I am not saying don't do it, just be aware there maybe consequences. Employers are usually required to have an Employee handbook. It should be in that handbook what ur allowed to receive monetarily as a "gift". It doesn't matter if its loan or a gift, I will bet its not allowed. Thats why the Administrators story keeps changing, its not allowed.
worriedinCali Feb 2020
There are both state and federal laws that protect employees for being fired as a result of retaliation.
Frazzle Feb 2020
Thanks!

anonymous1010889 Feb 2020
Illegal, no. But it is unethical and I’m willing to bet the company has some type of policy regarding employees receiving gifts from patients or their families. Generally, it’s either completely prohibited or has a monetary limit in value like $25. I would report it to corporate, anonymously. It may be dealt with but it may not, but at least then you’ll know the kind of company you’re working for. Good luck.

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