N.Y. Mental Hyg. Law § 33.07

Current through 2024 NY Law Chapter 432
Section 33.07 - [Effective 6/30/2027] Care and custody of the personal property of patients
(a) A patient's right to retain his personal belongings upon admission to a facility shall be respected. The director, subject to the regulations of the commissioner, may take temporary custody of the patient's personal property upon the person of the patient. Personal property which is retained for the patient's protection shall be used for the support and benefit of the patient if deemed desirable. Otherwise, it is to be conserved for his benefit. If a patient is transferred to another facility, his personal belongings shall be transferred with him. Gifts received by a patient in a facility shall be handled in the same manner.
(b) The director of a department facility shall have the power to take temporary and immediate custody of the personal property of a patient which is in the possession of other persons upon giving a receipt therefor to the person having possession thereof.
(c) Any interest on money received and held for a patient shall be the property of the individual patient and shall not accrue for the general welfare of all patients in a facility.
(e) A mental hygiene facility which is a representative payee for a patient pursuant to designation by the social security administration or which assumes management responsibility over the funds of a patient, shall maintain such funds in a fiduciary capacity to the patient. The commissioners of mental health and developmental disabilities shall develop standards regarding the management of patient funds.

N.Y. Mental Hyg. Law § 33.07

Amended by New York Laws 2021, ch. 57,Sec. T-1, eff. 4/19/2021.
Amended by New York Laws 2018, ch. 57,Sec. X-1, eff. 4/12/2018.
Amended by New York Laws 2015, ch. 58,Sec. LL-1, eff. 4/13/2015.
This section is set out more than once due to postponed, multiple, or conflicting amendments.