Nurse suspended for 5 years for taking advantage of dying old man by putting herself in his Will
Mr Charles Jones (pseudonym) was admitted to Cambridge House nursing home for ‘respite care’ by his case manager and his neighbours. ‘Respite care’ is where the carer takes a break from looking after the person and another carer takes their place temporarily.
During Charles’ stay at Cambridge House, a nurse named Abha Kumar discovered that he owned a house worth over $1 million and that he did not have a Will. Abha also found out that he did not have any family or close friends. After 3 days, Abha began researching ways for Charles to make a Will and she purchased a Post Office Will Kit.
As Wills must be signed by a witness, Abha pressured a lower-ranking nurse at Cambridge House to be a witness. The nurse was distressed and anxious about the whole situation but caved anyway. As Charles had already signed, the nurse signed the Will without actually witnessing Charles himself sign. Further, Abha hid from the nurse the section in the Will which named Abha as a beneficiary.
A week later, Charles died.
Abha transferred Charles’ property into her name and later sold the property for $1,117,000 and kept the money for herself. Charles’ neighbours and friends found out what happened and 6 of them reported Abha to the Nursing and Midwifery Board of Australia.
In broad brush-strokes, the law requires nurses to maintain professional boundaries between themselves and the person cared for and to avoid setting dual relationships. Nurses are to respect their colleagues by taking into account their views, feelings, preferences, attitudes and to not engage in manipulation. (References: Health Practitioner Regulation National Law (Victoria) Act 2009 (Vic); Code of Professional Conduct for Nurses in Australia; A Nurse’s Guide to Professional Boundaries; Registered Nurse Competency Standards)
The Nursing and Midwifery Board of Australia held that Abha was overinvolved in the affairs of Charles, failed to manage a conflict of interest, and failed to consider the views and beliefs expressed by her colleagues. As a result, Abha was suspended for 5 years to practice as a nurse and other similar roles.
Further Reading
Case Name: Nursing and Midwifery Board of Australia v Kumar (Review and Regulation) [2019] VCAT 1099
The Australian Health Practitioner Regulation Agency (Ahpra) and National Boards: Tribunal bans nurse from aged care for five years
9News: Melbourne nurse banned after helping dying man leave his $1.5m estate to her
Herald Sun: Nurse keeps $1m despite ‘betraying’ dying 92yo bachelor
The Age: Nurse who helped man write will banned by VCAT but keeps his $1.5m
SBS: Nurse Abha Kumar under investigation after 92-year-old leaves his $900,000 estate behind for her