Section R9-21-208. Property and Possessions

A.       No mental health agency shall interfere with a client’s right to acquire, retain and dispose of personal property, including the right to maintain an individual bank account, except where:

1.        The client is under guardianship, conservatorship, or has a representative payee;

2.        Otherwise ordered by court; or

3.        A particular object, other than money or personal funds, poses an imminent threat of serious physical harm to the client or others. Any restriction on the client’s control of property deemed to pose an imminent threat of serious physical harm shall be recorded in the client’s record together with the reasons the particular object poses an imminent threat of serious physical harm to the client or others.

B.       If a mental health agency, which offers assistance to its clients in managing their funds, takes possession or control of a cli- ent’s funds at the request of the client, guardian, or by court order, the mental health agency shall issue a receipt to the cli- ent or guardian for each transaction involving such funds. If deposited funds in excess of $250 are held by the mental health agency, where the likelihood of the client’s stay will exceed 30 days, an individual bank account or an amalgam- ated client trust account shall be maintained for the benefit of the client. All interest shall become the property of the client or the fair allocation of the interest in the case of an amalgam- ated client trust account. The mental health agency shall pro- vide a bond to cover client funds held.

1.        Unless a guardian, conservator, or representative payee has been appointed, the client shall have an unrestricted right to manage and spend deposited funds.

2.        The mental health agency shall obtain prior written per- mission from the client, the guardian or conservator for any arrangement involving shared or delegated manage- ment responsibilities. The permission shall set forth the terms and conditions of the arrangement.

3.        Where the mental health agency has shared or delegated management responsibilities, the mental health agency shall meet the following requirements:

a.        Client funds shall not be applied to goods or services which the mental health agency is obligated by law or funded by contract to provide, except as permitted by the client fee schedule authorized by the Depart- ment;

b.        The mental health agency and its staff shall have no direct or indirect ownership or survivorship interest in the funds;

c.        Such arrangements shall be accompanied by a train- ing program, documented in the ISP, to eliminate the need for such assistance;

d.        Staff shall not participate in arrangements for shared or delegated management of the client’s funds except as representatives of the mental health agency;

e.        Any arrangements made to transfer a client from one mental health agency to another shall include provi- sions for transferring shared or delegated manage-

ment responsibilities to the receiving mental health agency;

f.         The client shall be informed of all proposed expen- ditures and any expression of preference within rea- son shall be honored; and

g.        Expenditures shall be made only for purposes which directly benefit the client in accordance with the cli- ent’s interests and desires.

4.        A record shall be kept of every transaction involving deposited funds, including the date and amount received or disbursed, and the name of the person to or from whom the funds are received or disbursed. The client, guardian, conservator, mental health agency or regional human rights advocate or other representative may demand an accounting at any reasonable time, including at the time of the client’s transfer, discharge or death.

5.        Any funds so deposited shall be treated for the purpose of collecting charges for care the same as any other property held by or on behalf of the client. The client or guardian shall be informed of any possible charges before the onset of services.

Historical Note

Adopted under an exemption from A.R.S. Title 41, Chap- ter 6 pursuant to Laws 1992, Ch. 301, § 61, effective October 7, 1992; received in the Office of the Secretary of State October 14, 1992 (Supp. 92-4). Amended by

exempt rulemaking at 9 A.A.R. 3296, effective June 30,

2003 (Supp. 03-2).