630.320. Disposition of unclaimed funds of patient--escheats, procedure.

MISSOURI STATUTES AND CODES

630.320. Disposition of unclaimed funds of patient--escheats, procedure.

Disposition of unclaimed funds of patient--escheats, procedure.

630.320. 1. If any patient or resident dies, is released, escapes orotherwise leaves the care of the department, and leaves any personal fundsin the custody of a department facility, the head of the facility shall useall proper diligence to refund such moneys. All reasonable means shall beused to contact the patient or resident if living, or if deceased, thepatient's or resident's heirs to refund such moneys. If the patient orresident is deceased, the facility may dispose of these moneys through theprobate court or otherwise release these moneys to the heirs, if located.The facility may also make claim for these moneys for unmet costs of carein accordance with procedures established by the director of thedepartment.

2. After one year from the date of such death, release, escape orother departure, if there shall remain in the custody of a facility anymoney, the owner of which is unknown, or if known, cannot be located, ineach and every such instance, the money shall be disposed of in thefollowing manner:

(1) Amounts less than one hundred dollars shall be deposited into thestate treasury to the credit of the mental health trust fund. Such moneyshall escheat and vest absolutely in the state of Missouri, and all personsshall be forever barred and precluded from setting up title or claim to anyof such moneys.

(2) Amounts of one hundred dollars or more shall be deposited intothe state treasury to the credit of the general revenue fund in a specialaccount designated as escheat. Claims may be made, as provided in thissection, for such moneys for a period of two years after deposit into theescheat account. After remaining therein unclaimed for two years suchmoneys shall escheat and vest absolutely in the state of Missouri and becredited to the mental health trust fund. Thereafter, all persons shall beforever barred and precluded from setting up title or claim to any of suchmoneys.

3. Within two years after such money in amounts of one hundreddollars or more has been transmitted into the escheats account, any personwho appears and claims the same may file his petition in the circuit courtof Cole County, Missouri, stating the nature of his claim and asking to bepaid such money. A copy of the petition shall be served upon the directorwho shall file an answer to the same. If the court finds that such personis entitled to any money so paid into the state treasury, it shall orderthe commissioner of administration to issue a warrant for the amount ofsuch claim, but without interest or costs; provided, that either party mayappeal from the decision of the court in the same manner as provided by lawin other civil actions.

4. Nothing in this section shall be deemed to apply to fundsregularly due the state of Missouri for the support and maintenance ofpatients of state facilities.