Section 29.23. Powers with respect to property of patients  


Latest version.
  • The commissioner may authorize the directors of department facilities,
      to  receive  or  obtain  funds  or  other  personal  property, excepting
      jewelry, due or belonging to a patient who has no committee,  up  to  an
      amount  or  value  not  exceeding five thousand dollars; and also from a
      committee upon his discharge when the final order so provides where  the
      balance  remaining  in  the hands of such committee does not exceed such
      amount.  Such personal property, excepting jewelry,  other  than  moneys
      shall  be  retained  by  the director for the benefit of the patient for
      whom received until sold as hereinafter provided.  Such  funds  and  the
      proceeds  of  the  sale  of other personal property so received shall be
      placed to the credit of the patient for whom received and  disbursed  on
      the  order  of  the  director,  to  provide,  in the first instance, for
      luxuries, comforts, and necessities for such patient,  including  burial
      expenses,  and,  if  funds  are thereafter available, for the support of
      such patient. The commissioner may authorize directors, on behalf of any
      such patient, to give receipts, execute  releases  and  other  documents
      required  by  law  or  court order, to endorse checks and drafts, and to
      convert personal property excepting jewelry into money by  sale  for  an
      adequate  consideration,  and to execute bills of sale or to permit such
      patient to do so, in order that the proceeds may  be  deposited  to  the
      credit  of  such  patient  in  accordance  with  the  provisions of this
      section.
        Whenever, under the provisions of this section, the commissioner shall
      authorize the director of a facility in the department to receive moneys
      or other personal property excluding  jewelry  belonging  to  a  patient
      which  are  on deposit in any bank or other institution or which are due
      to the person from any person or agency, such bank, institution, person,
      or agency shall, upon the written request  of  the  director,  forthwith
      turn  over  to  such  director from such moneys or personal property the
      amount or value hereinbefore  specified.  Any  moneys  received  by  the
      director  of  such  facility  shall  be deposited by him in such bank or
      trust company as shall be designated by the comptroller, except that the
      commissioner may, in his discretion, invest so much thereof  as  he  may
      deem advisable in bonds issued by the United States government or any of
      its agencies.
        Moneys  belonging  to  a  patient  received  by  the  director of such
      facility pursuant to law shall  be  received  by  him  in  his  official
      capacity  as  such director and such receipt shall be deemed an exercise
      or performance by him of  a  power  and  duty  duly  conferred  by  this
      section.