N.Y. MHY Law § 29.23 — New York Code / Act MHY / Title E / Article 29 / Section 29.23
Powers with respect to property of persons receiving services
Status: in_force

* § 29.23 Powers with respect to property of persons receiving services.\n  The commissioner may authorize the directors of department facilities,\nto receive or obtain funds or other personal property, excepting\njewelry, due or belonging to a person receiving services from such\nfacility who has no guardian authorized to receive such funds or\nproperty, up to an amount or value not exceeding twenty-five thousand\ndollars; and also from a guardian upon his discharge when the final\norder so provides where the balance remaining in the hands of such\nguardian does not exceed such amount. Such personal property, excepting\njewelry, other than moneys shall be retained by the director for the\nbenefit of the person for whom received until sold as hereinafter\nprovided. Such funds and the proceeds of the sale of other personal\nproperty so received shall be placed to the credit of the person for\nwhom received and disbursed on the order of the director, to provide, in\nthe first instance, for luxuries, comforts, and necessities for such\nperson, including burial expenses and such director shall be authorized\nto seek to place, to the extent permissible by law, funds in excess of\nthe appropriate eligibility level for government benefits, into a\nqualifying Medicaid exception trust, including a special needs trust, or\nsimilar device. The director of a department facility shall ensure that\nthe treatment team meet with, and determine the current and future\npersonal needs of, the person receiving services. For purposes of this\nsection, a treatment team is one that is responsible for the following,\nincluding but not limited to, clinical assessments, treatment plan\ndevelopment, any necessary discharge planning, and personal expenditure\nplanning. The commissioner may authorize directors, on behalf of any\nsuch person, to give receipts, execute releases and other documents\nrequired by law or court order, to endorse checks and drafts, and to\nconvert personal property excepting jewelry into money by sale for an\nadequate consideration, and to execute bills of sale or to permit such\nperson to do so, in order that the proceeds may be deposited to the\ncredit of such person in accordance with the provisions of this section.\n  Whenever, under the provisions of this section, the commissioner shall\nauthorize the director of a facility in the department to receive moneys\nor other personal property excluding jewelry belonging to a person which\nare on deposit in any bank or other institution or which are due to the\nperson from any person or agency, such bank, institution, person, or\nagency shall, upon the written request of the director, forthwith turn\nover to such director from such moneys or personal property the amount\nor value hereinbefore specified. Any moneys received by the director of\nsuch facility shall be deposited by him in such bank or trust company as\nshall be designated by the comptroller, except that the commissioner\nmay, in his discretion, invest so much thereof as he may deem advisable\nin bonds issued by the United States government or any of its agencies.\n  Moneys belonging to a person received by the director of such facility\npursuant to law shall be received by him in his official capacity as\nsuch director and such receipt shall be deemed an exercise or\nperformance by him of a power and duty duly conferred by this section.\nIn the event that a director of a department facility receives a\nwindfall payment on behalf of a person which, in combination with other\nfunds held on behalf of such person, would cause such person to become\nineligible for government benefits, such director shall, to the extent\npermissible by law, apply the funds in excess of the appropriate\neligibility level to the person's personal needs or seek to place such\nexcess funds into a qualifying Medicaid exception trust, including a\nspecial needs trust, or similar device. For purposes of this section, a\nwindfall payment shall mean a one-time payment such as a gift, an\ninheritance, lottery winnings, or court-ordered judgment or settlement.\n  This section shall not apply to any federal or state benefits received\nby the director as representative payee, which benefits shall be handled\nin accordance with section 33.07 of this title and regulations\npromulgated thereunder.\n  * NB Effective until June 30, 2027\n* § 29.23 Powers with respect to property of patients.\n  The commissioner may authorize the directors of department facilities,\nto receive or obtain funds or other personal property, excepting\njewelry, due or belonging to a patient who has no committee, up to an\namount or value not exceeding five thousand dollars; and also from a\ncommittee upon his discharge when the final order so provides where the\nbalance remaining in the hands of such committee does not exceed such\namount. Such personal property, excepting jewelry, other than moneys\nshall be retained by the director for the benefit of the patient for\nwhom received until sold as hereinafter provided. Such funds and the\nproceeds of the sale of other personal property so received shall be\nplaced to the credit of the patient for whom received and disbursed on\nthe order of the director, to provide, in the first instance, for\nluxuries, comforts, and necessities for such patient, including burial\nexpenses, and, if funds are thereafter available, for the support of\nsuch patient. The commissioner may authorize directors, on behalf of any\nsuch patient, to give receipts, execute releases and other documents\nrequired by law or court order, to endorse checks and drafts, and to\nconvert personal property excepting jewelry into money by sale for an\nadequate consideration, and to execute bills of sale or to permit such\npatient to do so, in order that the proceeds may be deposited to the\ncredit of such patient in accordance with the provisions of this\nsection.\n  Whenever, under the provisions of this section, the commissioner shall\nauthorize the director of a facility in the department to receive moneys\nor other personal property excluding jewelry belonging to a patient\nwhich are on deposit in any bank or other institution or which are due\nto the person from any person or agency, such bank, institution, person,\nor agency shall, upon the written request of the director, forthwith\nturn over to such director from such moneys or personal property the\namount or value hereinbefore specified. Any moneys received by the\ndirector of such facility shall be deposited by him in such bank or\ntrust company as shall be designated by the comptroller, except that the\ncommissioner may, in his discretion, invest so much thereof as he may\ndeem advisable in bonds issued by the United States government or any of\nits agencies.\n  Moneys belonging to a patient received by the director of such\nfacility pursuant to law shall be received by him in his official\ncapacity as such director and such receipt shall be deemed an exercise\nor performance by him of a power and duty duly conferred by this\nsection.\n  * NB Effective June 30, 2027\n