Maine § 7857. - Personal funds of residents

§ 7857.. Personal funds of residents

1.  Permission to manage personal funds.  An operator or agent of an assisted housing facility may not manage, hold or deposit in a financial institution the personal funds of a resident of the facility unless the operator or agent has received written permission from:

A. The resident if the resident does not have a guardian, trustee or conservator;   [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]

B. The resident's guardian, trustee or conservator if that person exists and can be reached; or   [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]

C. The department if a guardian, trustee or conservator exists but cannot be reached.   [PL 2023, c. 176, §27 (AMD).]

2.  Itemized accounting.  An operator or agent of an assisted housing facility who, after receiving written permission pursuant to subsection 1, manages or holds the personal funds of a resident shall maintain an account for these funds, which must include for each resident a separate, itemized accounting for the use of that resident's personal funds with supporting documentation for every expenditure in excess of $2.

3.  Depositing personal funds.  The department may require an operator or agent of an assisted housing facility to deposit in a financial institution the personal funds of a resident if the resident has a guardian, trustee or conservator who cannot be reached.

4.  Use of personal funds by operator prohibited.  Under no circumstances may an operator or agent of an assisted housing facility use the personal funds of a resident for the operating costs of the facility or for services or items that are reimbursed by a 3rd party. The personal funds of a resident may not be commingled with the business funds of the facility or with the personal funds or accounts of the owner, a member of the owner's family or an employee of the facility.