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).] [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. [PL 2023, c. 176, §28 (AMD).] 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. [PL 2023, c. 176, §29 (AMD).] 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. [PL 2023, c. 176, §30 (AMD).]
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