39-959. Powers and duties of receiver.

39-959

Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 9.--ADULT CARE HOMES

      39-959.   Powers and duties of receiver.A receiver appointed in accordance with the provisions ofthis act shall have the following powers and duties:

      (a)   Conduct the day to day business operations of the adult care home;

      (b)   reimburse the owner or licensee, as appropriate, a fair monthly rentalfor the adult care home, taking into account all relevant factors, includingthe condition of such adult care home and set-offs arising from improvementsmade by the receiver;

      (c)   give fair compensation to the owner or licensee, as appropriate, forall property taken or used during the course of the receivership if suchperson has not previously received compensation for the property being taken or used;

      (d)   correct or eliminate any deficiency in the adult care home that concernsthe health, safety, nutrition, or sanitation of the residents of the adultcare home and is life threatening or endangering;

      (e)   enter into contracts as necessary to carry out his or her duties asreceiver and incur expenses for individual items of repairs, improvementsor supplies without the procurement of competitive bids, if otherwise requiredby law, where the total amount of such individual item does not exceed fivehundred dollars ($500);

      (f)   collect incoming payments from all sources and apply them to the costsincurred in the performance of his or her functions as receiver includingthe compensation of the receiver, if any;

      (g)   honor all existing leases, mortgages, chattel mortgages and security interests;

      (h)   operate the adult care home so as to provide safe and adequate healthcare for the residents of the adult care home;

      (i)   provide for the orderly transfer of all residents in the adult carehome to other adult care homes or make other provisions for their continuedsafety and health care, as necessary;

      (j)   other powers and duties as authorized or imposed by the district court.

      History:   L. 1978, ch. 162, § 6; July 1.