Bill 340

                    Current Status
Introducing Body:               Senate
Bill Number:                    340
Ratification Number:            147
Act Number:                     83
Primary Sponsor:                Bryan
Type of Legislation:            GB
Subject:                        Mental health patients,
                                provisions for conservator of
Date Bill Passed both Bodies:   19930527
Computer Document Number:       436/12883AC.93
Governor's Action:              S
Date of Governor's Action:      19930614
Introduced Date:                19930128
Last History Body:              ------
Last History Date:              19930614
Last History Type:              Act No. 83
Scope of Legislation:           Statewide
All Sponsors:                   Bryan
Type of Legislation:            General Bill

Bill   Body    Date          Action Description              CMN  Leg Involved
----   ------  ------------  ------------------------------  ---  ------------
340    ------  19930614      Act No. 83
340    ------  19930614      Signed by Governor
340    ------  19930610      Ratified R 147
340    House   19930527      Read third time, enrolled for
                             ratification
340    House   19930526      Read second time
340    House   19930519      Committee Report: Favorable     25
340    House   19930303      Introduced, read first time,    25
                             referred to Committee
340    Senate  19930302      Read third time, sent to House
340    Senate  19930225      Read second time
340    Senate  19930224      Committee Report: Favorable     11
340    Senate  19930128      Introduced, read first time,    11
                             referred to Committee

(A83, R147, S340)

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.