§7857. Personal funds of residents
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).]
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).