Title 31, Chapter 7, Section 13
( 31-7-13)
(a) Whenever any person dies in a hospital licensed pursuant to
Chapter 7 of this title, in any federal hospital operating within
this state, or any nursing home operated within this state, such
hospital or nursing home shall be authorized but shall not be
required to transfer possession of any property, tangible or
intangible, of such patient which is in the possession of the
hospital or nursing home, to the following persons: (1) To the person designated by the patient in writing upon
admission to the hospital or nursing home, if any; (2) To the surviving spouse of the patient, if any; (3) If no surviving spouse, to any adult child of the patient, and
if no such adult child, to any person acting in loco parentis of
any minor child; (4) If no surviving spouse or surviving children, to either parent
of the patient; (5) If none of the above, then to any brother or sister of the
patient; or (6) If none of the above, to the person assuming responsibility
for burial of the patient. (b) The transfer of possession to the surviving spouse or any of the
other family members or persons listed in subsection (a) of this
Code section shall operate as a complete acquittal and discharge to
the hospital or nursing home of liability from any suit, claim, or
demand of whatever nature by any heir, distributee, or creditor of
the patient, or any other person as relates to the property
transferred. Such distribution is authorized to be made as provided
in this Code section without the necessity of administration of the
estate of the patient and without the necessity of obtaining an
order that no administration of such estate is necessary. (c) The transfer of possession provided for in this Code section
shall in no way affect the legal ownership or title to any property
so transferred. (d) The provisions of any law of descent or distribution or any will
or other instrument providing for disposition of property shall not
be impaired by this Code section, and any person to whom property is
transferred pursuant to this Code section may be required to
transfer that property in conformity with the disposition of
property required by such laws of descent or distribution or such
will or other instrument. |