SECTION 417.41. Determining Management of Personal Funds

(a) Within seven business days after an individual is admitted to the SMHF, the treating physician must determine if the individual has the ability to manage his or her personal funds.

(b) If an individual does not have an LAR and is determined by the treating physician to have the ability to decide who manages his or her personal funds or if an individual has an LAR, the facility must allow the individual or LAR to choose one of the following to manage his or her personal funds and document such choice as determined by local procedures:

(1) the individual, if the individual is determined to have the ability to manage his or her personal funds;

(2) the individual's LAR;

(3) another person identified by the individual or LAR who has agreed in writing to manage the individual's personal funds; or

(4) the facility.

(c) If an individual is determined not to have the ability to decide who manages his or her personal funds and the individual has no LAR, the SMHF must manage the individual's personal funds in accordance with this subchapter.

(d) The treating physician must reassess an individual's understanding of financial management at the individual's or LAR's request.

Source Note: The provisions of this §417.41 adopted to be effective April 27, 2003, 28 TexReg 3347