2006 New York Code - Powers With Respect To Property Of Patients.



 
  § 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.

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