Code of Virginia - Title 37.2 Mental Health, Mental Retardation, And Substance Abuse Services - Section 37.2-721 Liability of estate of consumer

§ 37.2-721. Liability of estate of consumer

Upon the death of any consumer or former consumer, his estate shall be liable only for the charges remaining unpaid and not more than five years past due and the unsatisfied portion of any judgment rendered by a court in a proceeding under this article. Upon the death of any consumer or former consumer, the provisions of § 37.2-717, which prohibit depleting the consumer's estate below $500, shall after funeral expenses have no further application, and such sum may be applied to the charges of the Department remaining unpaid or may be applied to the unsatisfied portion of any judgment.

Upon the death of any consumer or former consumer in the event amounts remain unpaid for his care, treatment or training, and maintenance, the Department, having reason to believe that the consumer died possessed of real or personal property from which reimbursement may be had, shall prepare and acknowledge, as deeds are acknowledged, a notice showing the name of the consumer and the actual per diem cost of maintenance due and shall file the notice within four months of the date of the consumer's death in the office of the clerk of the court in which deeds are admitted to record in the county or city in which the real or personal property is located. The clerk of court shall record this notice as a lien is recorded, indexing it in the names of the consumer and the Department. The filing of this notice shall create a lien against the estate, both real and personal, of the deceased consumer prior to all other claims of the same class except prior liens. No such claim shall be enforced against any real estate of the deceased consumer while such real estate is occupied by the surviving spouse of the consumer or while such real estate is occupied by any dependent child of the consumer.

(Code 1950, § 37-125.14; 1952, c. 492; 1954, c. 445; 1968, c. 477, § 37.1-117; 1972, c. 383; 1976, c. 671; 2005, c. 716.)

Sections:  Previous  37.2-707  37.2-708  37.2-709  37.2-710  37.2-711  37.2-712  37.2-713  37.2-714  37.2-715  37.2-716  37.2-717  37.2-718  37.2-719  37.2-720  37.2-721

Last modified: April 16, 2009