31-8-115. Use of payments; right to manage financial affairs.

Any payments made to or on behalf of a resident, regardless of the payee, shall be used exclusively for the resident’s benefit, unless otherwise required by law.#

Each resident or his guardian shall be permitted to manage the financial affairs of the resident and to withdraw and use funds from any personal account established for him at the facility. The resident or his guardian may authorize the administrator or other person employed by the facility to assist in the management of such resident’s financial affairs, either wholly or partially, subject to the following conditions:#

1. (1)

   Such authorization must be in writing and maintained in the resident’s files;#

2. (2)

   Resident’s funds shall be expended by the facility only with prior written consent or upon the immediate request of the resident or guardian;#

3. (3)

   The resident, his guardian, or representative shall be given any portion or all of the resident’s funds upon the request of the resident or guardian;#

4. (4)

   A current written record of all financial arrangements and transactions involving the resident’s funds shall be maintained and made available to the resident or guardian for inspection and copying upon request. A written statement showing the current balance and an itemized listing of all transactions shall be provided to each resident or guardian at least quarterly and prior to any change in ownership of the facility;#

5. (5)

   Funds received from a resident or on his behalf may be deposited in an interest-bearing account, but in any event all funds not needed for ordinary use by residents on a daily basis shall be deposited in an account insured by agencies of or corporations chartered by the state or federal government and in a form which clearly indicates that the facility has only a fiduciary interest in the funds. Any interest earned on such account shall accrue to the resident; and#

6. (6)

   Each facility shall obtain an irrevocable letter of credit from a bank or savings and loan association, as defined in Code Section 7-1-4, or purchase a surety bond at least in the amount of the funds to guarantee the security of residents’ funds.#