Title 31, Chapter 8, Section 115
( 31-8-115)
(a) Any payments made to or on behalf of a resident, regardless of
the payee, shall be used exclusively for the resident's benefit,
unless otherwise required by law. (b) Each resident or his guardian shall be permitted to manage the
financial affairs of the resident and to withdraw and use funds from
any personal account established for him at the facility. The
resident or his guardian may authorize the administrator or other
person employed by the facility to assist in the management of such
resident's financial affairs, either wholly or partially, subject to
the following conditions: (1) Such authorization must be in writing and maintained in the
resident's files; (2) Resident's funds shall be expended by the facility only with
prior written consent or upon the immediate request of the
resident or guardian; (3) The resident, his guardian, or representative shall be given
any portion or all of the resident's funds upon the request of the
resident or guardian; (4) A current written record of all financial arrangements and
transactions involving the resident's funds shall be maintained
and made available to the resident or guardian for inspection and
copying upon request. A written statement showing the current
balance and an itemized listing of all transactions shall be
provided to each resident or guardian at least quarterly and prior
to any change in ownership of the facility; (5) Funds received from a resident or on his behalf may be
deposited in an interest-bearing account, but in any event all
funds not needed for ordinary use by residents on a daily basis
shall be deposited in an account insured by agencies of or
corporations chartered by the state or federal government and in a
form which clearly indicates that the facility has only a
fiduciary interest in the funds. Any interest earned on such
account shall accrue to the resident; and (6) Each facility shall obtain an irrevocable letter of credit from a bank or savings and loan association, as defined in Code Section 7-1-4, or purchase a surety bond at least in the amount of the funds to guarantee the security of residents' funds. |