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LeadingAge NY Issues Guidance on Resident Funds

LeadingAge NY periodically receives questions from member nursing homes and adult care facilities (ACFs) on how to dispose properly of resident assets after a resident’s death. Our new technical assistance guide updates and replaces our September 2005 edition.

The document begins by summarizing the laws and regulations governing the responsibilities of nursing homes and ACFs, the role of Public Administrators, and procedures surrounding unclaimed funds and burial funds. The bulk of the guide details the steps that should be taken while a resident is alive and after the resident’s death. Various scenarios are presented to illustrate how, when, and to whom resident assets may be released after the individual dies. While there is a focus on funds held on behalf of residents, much of the information may also apply to other tangible property being held by a facility. The procedures around settling so-called “small estates” are highlighted, since these represent the financial circumstances of many nursing home and ACF residents. The guide concludes with a glossary of important terms, relevant sections of the law, and applicable affidavit forms.

The guide reflects the relevant laws and regulations currently in effect. It is not intended to offer or to replace legal advice. If you have specific questions/issues on the disposition of a resident’s assets or on implementing the suggested policies in the guide, please consult directly with your facility’s legal counsel.

Contact: Dan Heim, dheim@leadingageny.org, 518-867-8866