Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 10 - Iowa Veterans Home › Rule 801-10.35 - Handling of Pension Money and Other Funds

Current through Register Vol. 47, No. 3, July 24, 2024
Each member who has not been assigned a guardian, conservator,
				fiduciary or representative payee or has not designated a power of attorney
				while having adequate decision-making capacity or as otherwise specified may
				manage that member's own personal financial affairs. Upon the receipt of
				written authorization from the member or legal representative by the commandant
				or designee, the commandant or designee may assist the member in the management
				of the member's financial affairs.
(1)
			 Pension money or other funds deposited with IVH are not assignable except as
			 specified at subrule 10.19(3) or 10.40(2)
"b"
(1).
(2) If authorized by a member, the commandant
			 or designee may act on behalf of that member in receiving, disbursing, and
			 accounting for personal funds of the member received from any source subject to
			 the requirements of Iowa Code section
			 135C.24.
			 The authorization may be given or withdrawn in writing by the member or legal
			 representative at any time. The authorization shall not be a condition of
			 admission to or retention at IVH.
(3) IVH shall maintain a commercial account
			 with a federally insured bank for the personal deposits of its members. The
			 account shall be known as the IVH membership account/rep payee for social
			 security/VA beneficiaries. The commandant or designee shall record each
			 member's personal deposits individually and shall deposit the funds in the
			 membership account where the members' deposits shall be held in the aggregate.
			 Interest shall accrue on those accounts that are on deposit the last working
			 Friday of each month. IVH may withdraw moneys from the account maintained
			 pursuant to this subrule to establish certificates of deposit for the benefit
			 of all members.
(4) If authorized
			 in writing by the member or legal representative, the commandant or designee
			 may make withdrawals against that member's personal account to pay regular
			 bills and other expenses incurred by the member. The authorization may be given
			 or withdrawn in writing by the member or legal representative at any time. The
			 authorization shall not be a condition of admission to or retention at
			 IVH.
(5) The commandant or designee
			 shall maintain a written record of each member's funds which are received by or
			 deposited with IVH. The member or legal representative shall receive a monthly
			 statement showing deposits, withdrawals, disbursements, interest and current
			 balances. If the commandant or designee is made representative payee or
			 fiduciary for the member's financial transactions, this statement shall be
			 maintained in the member's administrative file.
(6) Except as otherwise specified and unless
			 the commandant or designee has been appointed representative payee or
			 fiduciary, funds deposited with IVH shall be released to the member or legal
			 representative upon request. A statement will be provided showing deposits,
			 disbursements, interest, and the final balance at the time the funds are
			 withdrawn. When the member continues to maintain residency at IVH, the funds
			 shall be released and a statement provided within three working days following
			 the request. When a member is being discharged from IVH, the funds shall be
			 released and a statement provided no later than the tenth day of the month
			 following the month of discharge.
(7) Upon the death of a member with personal
			 funds deposited with IVH, and upon receipt of documentation of an outstanding
			 balance, IVH will promptly convey the member's funds to the funeral home or to
			 the individual paying the last funeral expenses. If no bill is presented for
			 funeral expenses, IVH will collect any balance owing for the resident's final
			 support bill, which may include debts owed to the IVH arts and crafts and
			 ceramics program. IVH will notify promptly the estate recovery program of the
			 death of any IVH resident. Upon IVH's receipt of notification from the estate
			 recovery program, any funds remaining in the deceased resident's membership
			 account will be disbursed according to the deceased resident's directions. If
			 probate papers are produced, a final accounting of those funds must also be
			 provided to the individual administering the member's estate along with a
			 disbursement of any remaining funds. If the value of the member's estate is so
			 small as to make the granting of administration inadvisable, IVH must hold,
			 then deliver all money plus interest within one year to the proper heirs
			 equally or adhere to the member's request in the member's last will and
			 testament.
(8) A member discharged
			 while on leave from IVH shall have the member's account closed by the tenth day
			 of the month following discharge.
This rule is intended to implement Iowa Code sections
				35D.11(2)
				 and
				35D.12(2).