Louisiana Revised Statutes 28:172 – Deposit of patients’ funds; disbursement
Terms Used In Louisiana Revised Statutes 28:172
- administrator: means a person in charge of a treatment facility or his deputy. See Louisiana Revised Statutes 28:2
- Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 28:2
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Patient: means any person detained and taken care of as a person who has a mental illness or person who is suffering from a substance-related or addictive disorder. See Louisiana Revised Statutes 28:2
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- State psychiatric hospital: means a public, state-owned and operated inpatient facility for the treatment of mental illness and substance-related and addictive disorders. See Louisiana Revised Statutes 28:2
A. The administrator of each state psychiatric hospital is authorized to receive and receipt for funds belonging to a patient and shall keep such funds on deposit for the use and benefit of the patient. Such funds shall be considered as being on deposit with an agency of the state of Louisiana and no bond shall be required of the department. Disbursement thereof shall be made only on order of the court having jurisdiction over the patient if he has been judicially interdicted or if not, an order of the person or governmental agency making the deposit in behalf of the patient.
B. When a patient dies who has funds on deposit to his credit, the administrator may at his discretion use whatever portion of those funds is needed to give the patient a decent burial. The remainder of the patient’s funds may be claimed by his heirs by appropriate legal action. If such funds are not claimed by the heirs of a deceased patient within five years of the date of his death, then his funds shall become the property of the state and be used by the administrator for the benefit of other patients in the hospital.
Added by Acts 1954, No. 427, §1. Amended by Acts 1962, No. 160, §1; Acts 2014, No. 811, §14, eff. June 23, 2014; Acts 2017, No. 369, §2.