Facility Requirements Concerns Finances of Residences
Facility Requirements Concerns Finances of Residences

Facility Restrictions.

According to Minn. Stat. 144G.42, Subd. 3, these are the following financial facility restrictions:

(a) This subdivision does not apply to licensees that are Minnesota counties or other units of government.

(b) A facility or staff person may not:

(1) accept a power-of-attorney from residents for any purpose, and may not accept appointments as guardians or conservators of residents; or

(2) borrow a resident’s funds or personal or real property, nor in any way convert a resident’s property to the possession of the facility or staff person.

(c) A facility may not serve as a resident’s legal, designated, or other representative.

(d) Nothing in this subdivision precludes a facility or staff person from accepting gifts of minimal value or precludes acceptance of donations or bequests made to a facility that are exempt from section 501(c)(3) of the Internal Revenue Code.

Minn. Stat. 144.42, Subd. 4(a) states a facility may assist residents with household budgeting, including paying bills and purchasing household goods, but may not otherwise manage a resident’s property.

(b) Where funds are deposited with the facility by the resident, the licensee:

(1) retains fiduciary and custodial responsibility for the funds;

(2) is directly accountable to the resident for the funds; and

(3) must maintain records of and provide a resident with receipts for all transactions and purchases made with the resident’s funds. When receipts are not available, the transaction or purchase must be documented.

(c) Subject to paragraph (d), if responsibilities for day-to-day management of the resident funds are delegated to the manager, the manager must:

(1) provide the licensee with a monthly accounting of the resident funds; and

(2) meet all legal requirements related to holding and accounting for resident funds.

(d) The facility must ensure any party responsible for holding or managing residents’ personal funds is bonded or obtains insurance in sufficient amounts to specifically cover losses of resident funds and provides proof of the bond or insurance.

Pursuant to Minn. Stat. 144G.42, Subd. 5, within 30 days of the effective date of a facility-initiated or resident-initiated termination of housing or services or the death of the resident, the facility must:(1) provide to the resident, resident’s legal representative, and resident’s designated representative a final statement of account;

(2) provide any refunds due;

(3) return any money, property, or valuables held in trust or custody by the facility; and

(4) as required under section 504B.178, refund the resident’s security deposit unless it is applied to the first month’s charges.

To see the rest of 144G.42 Minimum Assisted Living facility restrictions and requirements click here.

Contact Us for a Free Consultation

If you have concerns about the care provided by an assisted living provider in Minnesota, contact Attorney Kenneth LaBore for a free consultation at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com.

Facility Restrictions in Assisted Living
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