S*0340(Rat #0147, Act #0083)  General Bill, By Bryan
 A Bill to amend Section 62-5-105, Code of Laws of South Carolina, 1976,
 relating to the State Commissioner of Mental Health acting as the conservator
 for a patient in a state facility and receiving funds on behalf of and for the
 use of such a patient, so as to delete the provision requiring a balance left
 by a deceased patient to be returned to the judge of probate in the patient's
 county for distribution.

   01/28/93  Senate Introduced and read first time SJ-9
   01/28/93  Senate Referred to Committee on Judiciary SJ-9
   02/24/93  Senate Committee report: Favorable Judiciary SJ-12
   02/25/93  Senate Read second time SJ-26
   03/02/93  Senate Read third time and sent to House SJ-8
   03/03/93  House  Introduced and read first time HJ-16
   03/03/93  House  Referred to Committee on Judiciary HJ-17
   05/19/93  House  Committee report: Favorable Judiciary HJ-16
   05/26/93  House  Read second time HJ-59
   05/27/93  House  Read third time and enrolled HJ-118
   06/10/93         Ratified R 147
   06/14/93         Signed By Governor
   06/14/93         Effective date 01/01/94
   06/24/93         Copies available

AN ACT TO AMEND SECTION 62-5-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSIONER OF MENTAL HEALTH ACTING AS THE CONSERVATOR FOR A PATIENT IN A STATE FACILITY AND RECEIVING FUNDS ON BEHALF OF AND FOR THE USE OF SUCH A PATIENT, SO AS TO DELETE THE PROVISION REQUIRING A BALANCE LEFT BY A DECEASED PATIENT TO BE RETURNED TO THE JUDGE OF PROBATE IN THE PATIENT'S COUNTY FOR DISTRIBUTION.

Be it enacted by the General Assembly of the State of South Carolina:

Commissioner of Mental Health or designee may act as conservator

SECTION 1. Section 62-5-105 of the 1976 Code is amended to read:

"Section 62-5-105. If a patient of a state mental health facility has no legally appointed conservator, the State Commissioner of Mental Health or the commissioner's designee may receive and accept for the use and benefit of that patient a sum of money, not in excess of the sum of ten thousand dollars in one calendar year, which may be due the patient or trainee by inheritance, gift, pension, or otherwise. The commissioner or the commissioner's designee may act as conservator for the patient and the commissioner's endorsement or receipt discharges the obligor for the sum received. Upon receipt of these funds the commissioner or the commissioner's designee shall use it for the proper maintenance, use, and benefit of the patient or as much of the fund as may be necessary for these purposes. In the event the patient dies leaving an unexpended balance of these funds in the hands of the commissioner or the commissioner's designee, the commissioner shall apply the balance first to the funeral expenses of the patient or trainee, and any balance remaining must be held by the commissioner or the commissioner's designee for a period of six months, and if the commissioner is not within this period, contacted by the personal representative of the deceased patient, the balance in the personal fund account must be applied to the maintenance and medical care account of the deceased patient."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 14th day of June, 1993.