974

LAWS OF MARYLAND

Ch. 21

(C)  CONTROL OVER FINANCIAL TRANSACTIONS.
EACH RESIDENT OF A FACILITY MAY:

(1)  KEEP CONTROL OVER PERSONAL FINANCIAL
TRANSACTIONS UNLESS:

(I)  A COURT ADJUDICATES THE RESIDENT AS A
DISABLED PERSON, IN ACCORDANCE WITH TITLE 13 OF THE ESTATES
AND TRUSTS ARTICLE; OR

(II)  THE SOCIAL SECURITY ADMINISTRATION
DESIGNATES A REPRESENTATIVE PAYEE TO RECEIVE THE SOCIAL
SECURITY FUNDS FOR THE USE AND BENEFIT OF THE RESIDENT; AND

(2)  CHOOSE ANY PERSON, INCLUDING THE
ADMINISTRATOR OF THE FACILITY OR A DESIGNEE OF THE
ADMINISTRATOR, TO HANDLE THE FINANCIAL TRANSACTIONS.

(D)   SAFEGUARDS REQUIRED.

(1)  EACH FACILITY SHALL HAVE ADEQUATE SAFEGUARDS
FOR PROPERTY OF A RESIDENT THAT IS ENTRUSTED TO THE
FACILITY.

(2)  (I) A FACILITY TO WHICH MONEY IS ENTRUSTED
SHALL DEPOSIT THE MONEY IN AN ACCOUNT IF THE FACILITY CANNOT
KEEP THE MONEY SAFELY.

(II)   IF THE FACILITY IS OPERATED BY A
STATE, COUNTY, OR MUNICIPAL AGENCY AND ONE RESIDENT ENTRUSTS
MORE THAN $300 TO THE FACILITY, THE FACILITY SHALL DEPOSIT
THE AMOUNT IN EXCESS OF $300.

(III)   IF THE FACILITY IS OPERATED BY A
PERSON OTHER THAN A STATE, COUNTY, OR MUNICIPAL AGENCY AND
ONE RESIDENT ENTRUSTS MORE THAN $100 TO THE FACILITY, THE
FACILITY SHALL DEPOSIT THE AMOUNT IN EXCESS OF $100.

(IV)   IF THE TOTAL AMOUNT OF MONEY THAT IS
ENTRUSTED TO THE FACILITY BY ITS RESIDENTS EXCEEDS $10 PER
RESIDENT, THE FACILITY SHALL DEPOSIT THE AMOUNT IN EXCESS OF
$10 PER RESIDENT OR $500, WHICHEVER IS LESS.

(E)   FORM OF ACCOUNTS.

(1)  A FACILITY SHALL KEEP THE ACCOUNTS OF ITS
RESIDENTS SEPARATE FROM THE ACCOUNTS OF THE FACILITY.

(2)  A FACILITY THAT IS OPERATED BY A PERSON
OTHER THAN A STATE, COUNTY, OR MUNICIPAL AGENCY SHALL:

(I) ESTABLISH A SEPARATE ACCOUNT WITH A
BANK IN THE NAME OF EACH RESIDENT WHO ENTRUSTS MORE THAN
$100 TO THE FACILITY; AND