NY Ment Hygiene L § 29.23 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 29 - General Provisions Relating to In-Patient Facilities 29.23 - Powers With Respect to Property of Persons Receiving Services.

* § 29.23 Powers with respect to property of persons receiving services.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  person  receiving  services  from  such   facility  who  has  no  guardian  authorized  to  receive  such funds or   property, up to an amount or value not  exceeding  twenty-five  thousand   dollars;  and  also  from  a  guardian upon his discharge when the final   order so provides where the balance  remaining  in  the  hands  of  such   guardian  does not exceed such amount. Such personal property, excepting   jewelry, other than moneys shall be retained by  the  director  for  the   benefit  of  the  person  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 person for   whom received and disbursed on the order of the director, to provide, in   the first instance, for luxuries, comforts,  and  necessities  for  such   person,  including burial expenses and such director shall be authorized   to seek to place, to the extent permissible by law, funds in  excess  of   the  appropriate  eligibility  level  for  government  benefits,  into a   qualifying Medicaid exception trust, including a special needs trust, or   similar device. The director of a department facility shall ensure  that   the  treatment  team  meet  with,  and  determine the current and future   personal needs of, the person receiving services. For purposes  of  this   section,  a treatment team is one that is responsible for the following,   including but not  limited  to,  clinical  assessments,  treatment  plan   development,  any necessary discharge planning, and personal expenditure   planning. The commissioner may authorize directors,  on  behalf  of  any   such  person,  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   person  to  do  so,  in  order that the proceeds may be deposited to the   credit of such person 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 person 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 person 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.   In the event that  a  director  of  a  department  facility  receives  a   windfall  payment on behalf of a person which, in combination with other   funds held on behalf of such person, would cause such person  to  become   ineligible  for  government benefits, such director shall, to the extent   permissible by law,  apply  the  funds  in  excess  of  the  appropriate   eligibility  level  to the person's personal needs or seek to place such   excess funds into a qualifying Medicaid  exception  trust,  including  a   special  needs trust, or similar device. For purposes of this section, a   windfall payment shall mean a  one-time  payment  such  as  a  gift,  an   inheritance, lottery winnings, or court-ordered judgment or settlement. This section shall not apply to any federal or state benefits received   by the director as representative payee, which benefits shall be handled   in   accordance  with  section  33.07  of  this  title  and  regulations   promulgated thereunder.* NB Effective until June 30, 2024   * § 29.23 Powers with respect to property of patients.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.* NB Effective June 30, 2024