Guam § 7113 - Property and Personal Affairs of Patients.

§ 7113. Property and Personal Affairs of Patients.

(a) The admission of a patient to a nursing home and his presence

therein shall not confer on such nursing home or its owner, administrator,

employees or representatives an authority to manage, use or dispose of any

property of such patient; nor shall such admission or presence confer on any

of the aforementioned persons any authority or responsibility for the

personal affairs of the patient, except what may be necessary for the safety

and orderly management of the nursing home.

(b) No nursing home, and no owner, administrator, employee or

representative thereof shall act as guardian, trustee or conservator for any

patient of such nursing home or any of such patient's property.

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(c) A nursing home shall provide for the safekeeping of personal

effects, funds and property of the patient in the home; provided that

whenever necessary for the protection of valuables or in order to avoid

unreasonable responsibility therefor, the nursing home may require that they

be excluded or removed from the home and kept at some place not subject

to the control of the home.

(d) A nursing home shall keep complete and accurate records of all

funds and other effects and property of its patients received by it for

safekeeping.

(e) Any funds or other property belonging or due to a patient or

expendable for his account which are received by a nursing home shall be

trust funds, shall be kept separate from the funds and property of the nursing

home and other patients or specifically credited to such patient, and shall be

used or otherwise expended only for the account of the patient. Upon

request, but, except upon order of a court of competent jurisdiction, not

more often than once every three (3) months, the nursing home shall furnish

the patient and the guardian, trustee or conservator, (if any is available for

such patient) a complete and verified statement of all funds and other

property to which this Subsection applies, detailing the amounts and items

received, together with their sources and disposition. In any event, the

nursing home shall furnish such a statement annually and upon the

discharge or transfer of a patient. Any governmental agency or private

charitable agency contributing funds or other property on account of a

patient, also shall be entitled to receive such statement annually and upon

discharge or transfer and such other reports as it may require pursuant to

law.