Maine Revised Statutes Title 22 Sec. 7857 – Personal funds of residents
Current as of: 2023 | Check for updates
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1. Permission to manage personal funds. An operator or agent of an assisted housing facility may not manage, hold or deposit in a financial institution the personal funds of a resident of the facility unless the operator or agent has received written permission from:
A. The resident if the resident does not have a guardian, trustee or conservator; [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]
B. The resident’s guardian, trustee or conservator if that person exists and can be reached; or [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]
C. The department if a guardian, trustee or conservator exists but cannot be reached. [PL 2023, c. 176, §27 (AMD).]
[PL 2023, c. 176, §27 (AMD).]
Terms Used In Maine Revised Statutes Title 22 Sec. 7857
- Assisted housing facility: means an assisted living facility, a residential care facility or an independent housing with services program. See Maine Revised Statutes Title 22 Sec. 7852
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
- facility: means any of the places defined in section 8001, 8101, 8201 or 8301?A, subsection 1?A, paragraph B. See Maine Revised Statutes Title 22 Sec. 7701
- 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.
- Resident: means any person 18 years of age or older who is not related by blood or marriage to the owner or person in charge of the facility or building in which the resident lives and who receives assisted housing services. See Maine Revised Statutes Title 22 Sec. 7852
- Trustee: A person or institution holding and administering property in trust.
2. Itemized accounting. An operator or agent of an assisted housing facility who, after receiving written permission pursuant to subsection 1, manages or holds the personal funds of a resident shall maintain an account for these funds, which must include for each resident a separate, itemized accounting for the use of that resident’s personal funds with supporting documentation for every expenditure in excess of $2.
[PL 2023, c. 176, §28 (AMD).]
3. Depositing personal funds. The department may require an operator or agent of an assisted housing facility to deposit in a financial institution the personal funds of a resident if the resident has a guardian, trustee or conservator who cannot be reached.
[PL 2023, c. 176, §29 (AMD).]
4. Use of personal funds by operator prohibited. Under no circumstances may an operator or agent of an assisted housing facility use the personal funds of a resident for the operating costs of the facility or for services or items that are reimbursed by a 3rd party. The personal funds of a resident may not be commingled with the business funds of the facility or with the personal funds or accounts of the owner, a member of the owner’s family or an employee of the facility.
[PL 2023, c. 176, §30 (AMD).]
SECTION HISTORY
PL 2001, c. 596, §A1 (NEW). PL 2001, c. 596, §B25 (AFF). PL 2023, c. 176, §§27-30 (AMD).