22VAC40-73-90. Safeguarding residents' funds.
No licensee, facility administrator, or staff person shall act as either attorney-in-fact or trustee unless the resident has no other preferred designee and the resident himself expressly requests such service by or through facility personnel. When the licensee, facility administrator, or staff person acts as attorney-in-fact or trustee, the following applies:
1. There shall be documentation that the resident has requested such service and from whom, signed and dated by the resident, the licensee, the facility administrator, and if a staff person is to provide the service, the staff person. The documentation shall be maintained in the resident's record.
2. The licensee, facility administrator, or staff person so named attorney-in-fact or trustee shall be accountable at all times in the proper discharge of such fiduciary responsibility as provided under Virginia law.
3. The facility shall maintain a written accounting of money received and disbursed by the licensee, facility administrator, or staff person that shows a current balance. The written accounting of the funds shall be made available to the resident at least quarterly and upon request, and a copy shall also be placed in the resident's record.
4. The resident's funds shall be made available to the resident upon request.
5. Upon termination of the power of attorney or trust for any reason, the licensee, facility administrator, or staff person so named attorney-in-fact or trustee shall return all funds and assets, with full accounting, to the resident or to another responsible party expressly designated by the resident.
Statutory Authority
§§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.