Terms Used In 10 Guam Code Ann. § 7113

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Trustee: A person or institution holding and administering property in trust.
(a) The admission of a patient to a nursing home and his presence therein shall not confer on such nursing home or its owner, administrator, employees or representatives an authority to manage, use or dispose of any property of such patient; nor shall such admission or presence confer on any of the aforementioned persons any authority or responsibility for the personal affairs of the patient, except what may be necessary for the safety and orderly management of the nursing home.

(b) No nursing home, and no owner, administrator, employee or representative thereof shall act as guardian, trustee or conservator for any patient of such nursing home or any of such patient’s property.

COL120106
10 Guam Code Ann. HEALTH AND SAFETY
CH. 7 NURSING HOMES

(c) A nursing home shall provide for the safekeeping of personal effects, funds and property of the patient in the home; provided that whenever necessary for the protection of valuables or in order to avoid unreasonable responsibility therefor, the nursing home may require that they be excluded or removed from the home and kept at some place not subject to the control of the home.
(d) A nursing home shall keep complete and accurate records of all funds and other effects and property of its patients received by it for safekeeping.

(e) Any funds or other property belonging or due to a patient or expendable for his account which are received by a nursing home shall be trust funds, shall be kept separate from the funds and property of the nursing home and other patients or specifically credited to such patient, and shall be used or otherwise expended only for the account of the patient. Upon request, but, except upon order of a court of competent jurisdiction, not more often than once every three (3) months, the nursing home shall furnish the patient and the guardian, trustee or conservator, (if any is available for such patient) a complete and verified statement of all funds and other property to which this Subsection applies, detailing the amounts and items received, together with their sources and disposition. In any event, the nursing home shall furnish such a statement annually and upon the discharge or transfer of a patient. Any governmental agency or private charitable agency contributing funds or other property on account of a patient, also shall be entitled to receive such statement annually and upon discharge or transfer and such other reports as it may require pursuant to law.

SOURCE: GC § 9955.12.

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