135C.24 - PERSONAL PROPERTY OR AFFAIRS OF PATIENTS OR RESIDENTS.
135C.24 PERSONAL PROPERTY OR AFFAIRS OF PATIENTS OR
RESIDENTS.
The admission of a resident to a health care facility and the
resident's presence therein shall not in and of itself confer on such
facility, its owner, administrator, employees, or representatives any
authority to manage, use, or dispose of any property of the resident,
nor any authority or responsibility for the personal affairs of the
resident, except as may be necessary for the safety and orderly
management of the facility and as required by this section.
1. No health care facility, and no owner, administrator, employee
or representative thereof shall act as guardian, trustee or
conservator for any resident of such facility, or any of such
resident's property, unless such resident is related to the person
acting as guardian within the third degree of consanguinity.
2. A health care facility shall provide for the safekeeping of
personal effects, funds and other property of its residents, provided
that whenever necessary for the protection of valuables or in order
to avoid unreasonable responsibility therefor, the facility may
require that they be excluded or removed from the premises of the
facility and kept at some place not subject to the control of the
facility.
3. A health care facility shall keep complete and accurate
records of all funds and other effects and property of its residents
received by it for safekeeping.
4. Any funds or other property belonging to or due a resident, or
expendable for the resident's account, which are received by a health
care facility shall be trust funds, shall be kept separate from the
funds and property of the facility and of its other residents, or
specifically credited to such resident, and shall be used or
otherwise expended only for the account of the resident. Upon
request the facility shall furnish the resident, the guardian,
trustee or conservator, if any, for any resident, or any governmental
unit or private charitable agency contributing funds or other
property on account of any resident, a complete and certified
statement of all funds or other property to which this subsection
applies detailing the amounts and items received, together with their
sources and disposition.
5. The provisions of this section notwithstanding, upon the
verified petition of the county board of supervisors the district
court may appoint the administrator of a county care facility as
conservator or guardian, or both, of a resident of such county care
facility, in accordance with the provisions of chapter 633. Such
administrator shall serve as conservator or guardian, or both,
without fee. The county attorney shall serve as attorney for the
administrator in such conservatorship or guardianship, or both,
without fee. The administrator may establish either separate or
common bank accounts for cash funds of such resident wards. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 135C.24]
Referred to in § 331.382, 331.756(27)