South Carolina Code 44-23-1120. Liability of estate of deceased patient or trainee
Current as of: 2023 | Check for updates
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Terms Used In South Carolina Code 44-23-1120
- Decedent: A deceased person.
- Department: means the South Carolina Department of Mental Health. See South Carolina Code 44-23-10
- Dependent: A person dependent for support upon another.
- Executor: A male person named in a will to carry out the decedent
- facility: means any hospital, clinic, or other institution maintained by the department. See South Carolina Code 44-23-10
- Patient: means a person who seeks hospitalization or treatment under the provisions of this chapter, Chapter 9, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, Chapter 27, Chapter 48, and Chapter 52 or any person for whom such hospitalization or treatment is sought. See South Carolina Code 44-23-10
- Probate: Proving a will
Upon the death of a person who is or has been a patient or trainee of a State mental health facility the executor or administrator and the judge of probate shall notify the Department of Mental Health in writing. If the decedent was cared for at the expense of the State during his confinement, the Department of Mental Health shall present a claim for the amount due, and this claim shall be allowed and paid as other lawful claims against the estate. The Department of Mental Health may waive the presentation of any claim when, in its opinion, an otherwise dependent person would be directly benefited by waiver.