Section 10 – Legal Capacity of Persons Admitted or Committed
Section 10. No person shall be deemed to be incompetent to manage his affairs, to contract, to hold professional or occupational or vehicle operators licenses or to make a will solely by reason of his admission or commitment in any capacity to the treatment or care of the department or to any public or private […]
Section 11 – Guardian or Conservator; Appointment
Section 11. In addition to the periodic review under section four of this chapter, whenever the superintendent has reason to believe that a person who has been under the care of the department as a resident for more than six months, who is not under guardianship or conservatorship, is unable to care for his property, […]
Section 12 – Deposit of Funds Held in Trust for Residents; Unclaimed Funds and Personal Property; Fiduciaries
Section 12. (a) The superintendent may deposit in any bank organized and existing under the laws of the commonwealth funds belonging to persons who are residents at such facility, funds deposited by relatives or friends of such persons, and other funds belonging to such persons except that independent funds shall only be deposited with the […]
Section 13 – Administration of Estate of Deceased Resident
Section 13. If a resident of any facility dies leaving an estate which does not exceed fifteen thousand dollars in value, the superintendent shall notify the nearest living relative of such resident of such fact, and if, after the expiration of thirty days from the date of such notice, no petition for administration of said […]
Section 14 – Violent or Unnatural Death of Residents; Notice to District Attorney
Section 14. Upon the death of any person confined to an institution under the control of the department, the superintendent of such institution shall, if he is of the opinion that the death may have resulted from violence or unnatural causes, immediately notify the district attorney for the district in which the death occurred, giving […]
Section 15 – Instruction and Education; Work Programs; Sale of Work Products
Section 15. (a) In cooperation with other state departments and agencies, the department shall cause to be given to persons under its care instruction and education as may be appropriate for such persons to undertake, especially persons who are unable to engage in programs for resident-trainees. (b) In cooperation with other state departments and agencies […]
Section 16 – Charges for Care of Persons in Facilities
Section 16. The department may make charges for the care of any person in its facilities. To the extent that any person in its facilities is eligible for third party payment of charges for care, the department shall make said charges for care at rates established by the executive office of health and human services […]
Section 17 – Records; Inspection
Section 17. The department shall keep records of the admission, treatment and periodic review of all persons admitted to facilities under its supervision. Such records shall be private and not open to public inspection except (1) upon proper judicial order whether or not in connection with pending judicial proceedings, (2) that the commissioner shall allow […]
Section 5 – Retention of Persons
Section 5. No person with an intellectual disability shall be retained at a facility except under the provisions of sections six and seven.
Section 6 – Voluntary Admissions; Consultation With Attorney; Discharge
Section 6. Pursuant to departmental regulations on admission procedures, the superintendent may receive and retain on a voluntary basis any person with an intellectual disability providing the person is in need of care and treatment and providing the admitting facility is suitable for such care and treatment. The application may be made (1) by a […]