Rule 111-8-50-.06 - Management of Personal Property and Financial Affairs(1) Each resident must be permitted to retain and use his/her personal property in his/her immediate living quarters subject to space limitations and state and federal safety laws and regulations.(2) Upon request, the facility shall provide a means of securing the resident's property in his/her room or another convenient location in the facility, subject to the following: (a) The resident must have access to the secured items at least during all normal business hours and where facility policy allows, on weekends and holidays;(b) The facility shall keep an updated written record of all personal belongings which a resident has requested that the facility keep in a secure place.(3) The facility shall have procedures for investigating complaints and allegations of thefts of residents' property. Such procedures must provide that the facility promptly investigate complaints of theft, and the facility report the results of its investigation to the complainant within two weeks.(4) All payments made to or on behalf of a resident, regardless of the source, shall be used only for the benefit of that resident, unless state or federal law provides otherwise.(5) Every resident or guardian shall be permitted to manage his own financial affairs. The facility may establish a personal account, consistent with federal regulations, for each resident at the facility. The resident or guardian may authorize the administrator or designated employee of the facility to help in managing the resident's financial affairs subject to the following: (a) The resident or guardian must authorize the facility in writing to help in the management of all or the part specified of the resident's finances. Such written authorization must be kept in the resident's file;(b) The facility may expend funds for the resident only at the specific written or oral request of the resident or guardian and only for the purpose designated by the resident or guardian.(c) The resident or his guardian shall be given any portion or all of the resident's funds upon request of the resident or guardian. The resident or guardian may authorize in writing a representative to withdraw funds from the resident's account. Such authorization must contain a specific amount permitted to be withdrawn and the date such authorization expires.(d) A current written record of all financial arrangements and transactions made to or on behalf of the resident must be maintained by the facility either individually in each resident's file or individually in a separate file for all transactions made to or in behalf of each resident. A resident or guardian shall be permitted to inspect and duplicate at cost such current record for that resident.(e) The facility shall issue to each resident or guardian a written quarterly statement, and prior to any change in ownership of the facility, showing the current balance and an itemized listing of all transactions made to or on behalf of the resident.(6) Funds received from a resident on his behalf may be deposited in an interest bearing account. All funds not needed for the ordinary use by a resident on a daily basis above $150.00 per resident must be kept in an account insured by agencies of or corporations chartered by the state or federal government. Such account must clearly show that the facility has only a fiduciary interest in the funds in such account. All interest earned upon such account must accrue to the resident, with each resident being credited with the portion of the interest attributable to his portion of the account.(7) To guarantee the security of residents' funds, each facility shall obtain an irrevocable letter of credit from a bank or savings and loan association, as defined in O.C.G.A. § 7-1-4, or purchase a surety bond at least equal to the amount of all funds in the residents' accounts maintained by the facility.Ga. Comp. R. & Regs. R. 111-8-50-.06
O.C.G.A. §§ 31-2-4et seq., 31-8-113, 31-8-115 and 31-8-127.
Original Rule entitled "Management of Personal Property and Financial Affairs" adopted. F. Feb. 20, 2013; eff. Mar. 12, 2013.