Section 481.65.18. Resident property and personal affairs.

The admission of a resident does not give the facility or any employee of the facility the right to manage, use, or dispose of any property of the resident except with the written authorization of the resident or the resident’s legal guardian. (II, III)

       65.18(1) The admission of a resident shall not grant the ICF/PMI the authority or responsibility to manage the personal affairs of the resident except as may be necessary for the resident’s safety and for safe and orderly management of the facility as required by these rules and in accordance with the IPP. (III)

       65.18(2) An ICF/PMI shall provide for the safekeeping of personal effects, funds, and other property of its residents. The facility may require that items of exceptional value or which would convey unreasonable responsibilities to the licensee be removed from the premises of the facility for safekeeping. (III)

       65.18(3) Residents’ funds held by the ICF/PMI shall be in a trust account and kept separate from funds of the facility. (III)

       65.18(4) No administrator, employee or their representative shall act as guardian, trustee, or conservator for any resident or the resident’s property, unless the resident is related to the person acting as guardian within the third degree of consanguinity. (III)

       65.18(5) If a facility is a county care facility, upon the verified petition of the county board of supervisors, the district court may appoint, without fee, the administrator of a county care facility as conservator or guardian, or both, of a resident of such a county care facility. The administrator may establish either separate or common bank accounts for cash funds of these residents. (III)

This rule is intended to implement Iowa Code section 135C.24.