{"law_id":"765656","section_number":"37.2-721","catch_line":"Liability of estate of the individual receiving services","history":"Code 1950, \u00a7 37-125.14; 1952, c. 492; 1954, c. 445; 1968, c. 477, \u00a7 37.1-117; 1972, c. 383; 1976, c. 671; 2005, c. 716; 2012, cc. 476, 507.","order_by":null,"metadata":false,"court_decisions":{},"official_url":"http:\/\/law.lis.virginia.gov\/vacode\/37.2-721\/","refers_to":[{"id":"796209","section_number":"37.2-717","catch_line":"Department to investigate financial ability to pay expenses; assessments and contracts by Department","url":"\/37.2-717\/"}],"url":"\/37.2-721\/","token":"37.2\/2\/7\/2\/37.2-721","structure":{"1":{"id":"855","name":"Expenses Of Care, Treatment Or Training, And Maintenance","identifier":"2","label":"article","url":"\/37.2\/2\/7\/2\/"},"2":{"id":"854","name":"State Facilities","identifier":"7","label":"chapter","url":"\/37.2\/2\/7\/"},"3":{"id":"853","name":"Behavioral Health And Developmental Services","identifier":"2","label":"subtitle","url":"\/37.2\/2\/"},"4":{"id":"186","name":"Behavioral Health And Developmental Services","identifier":"37.2","label":"title","url":"\/37.2\/"}},"referred_to_by":false,"edition_id":"11","section_id":"765656","structure_id":"855","full_text":"Upon the death of any individual who is receiving or who has received services, 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 individual who is receiving or who has received services, the provisions of \u00a7 37.2-717, which prohibit depleting the individual’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 individual who is receiving or who has received services in the event amounts remain unpaid for his care, treatment or training, and maintenance, the Department, having reason to believe that the individual 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 individual and the actual per diem cost of maintenance due and shall file the notice within four months of the date of the individual’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 individual and the Department. The filing of this notice shall create a lien against the estate, both real and personal, of the deceased individual 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 individual while such real estate is occupied by the surviving spouse of the individual or while such real estate is occupied by any dependent child of the individual.","text":{"0":{"id":"2467108","text":"Upon the death of any individual who is receiving or who has received services, 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 individual who is receiving or who has received services, the provisions of \u00a7 37.2-717, which prohibit depleting the individual’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 individual who is receiving or who has received services in the event amounts remain unpaid for his care, treatment or training, and maintenance, the Department, having reason to believe that the individual 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 individual and the actual per diem cost of maintenance due and shall file the notice within four months of the date of the individual’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 individual and the Department. The filing of this notice shall create a lien against the estate, both real and personal, of the deceased individual 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 individual while such real estate is occupied by the surviving spouse of the individual or while such real estate is occupied by any dependent child of the individual.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":{"1":{"id":"855","name":"Expenses Of Care, Treatment Or Training, And Maintenance","identifier":"2","label":"article","url":"\/37.2\/2\/7\/2\/"},"2":{"id":"854","name":"State Facilities","identifier":"7","label":"chapter","url":"\/37.2\/2\/7\/"},"3":{"id":"853","name":"Behavioral Health And Developmental Services","identifier":"2","label":"subtitle","url":"\/37.2\/2\/"},"4":{"id":"186","name":"Behavioral Health And Developmental Services","identifier":"37.2","label":"title","url":"\/37.2\/"}},"structure_contents":{"0":{"id":"780006","structure_id":"855","section_number":"37.2-715","catch_line":"Who liable for expenses; amount","url":"\/37.2-715\/","token":"37.2\/2\/7\/2\/37.2-715"},"1":{"id":"769881","structure_id":"855","section_number":"37.2-716","catch_line":"Behavioral Health and Developmental Services Revenue Fund","url":"\/37.2-716\/","token":"37.2\/2\/7\/2\/37.2-716"},"2":{"id":"796209","structure_id":"855","section_number":"37.2-717","catch_line":"Department to investigate financial ability to pay expenses; assessments and contracts by Department","url":"\/37.2-717\/","token":"37.2\/2\/7\/2\/37.2-717"},"3":{"id":"796264","structure_id":"855","section_number":"37.2-718","catch_line":"Order to compel payment of expenses","url":"\/37.2-718\/","token":"37.2\/2\/7\/2\/37.2-718"},"4":{"id":"794764","structure_id":"855","section_number":"37.2-719","catch_line":"Statement forms to be completed by the person liable for support of an individual receiving services","url":"\/37.2-719\/","token":"37.2\/2\/7\/2\/37.2-719"},"5":{"id":"769315","structure_id":"855","section_number":"37.2-720","catch_line":"When collection of expenses not required","url":"\/37.2-720\/","token":"37.2\/2\/7\/2\/37.2-720"},"6":{"id":"765656","structure_id":"855","section_number":"37.2-721","catch_line":"Liability of estate of the individual receiving services","url":"\/37.2-721\/","token":"37.2\/2\/7\/2\/37.2-721"}},"previous_section":{"id":"769315","structure_id":"855","section_number":"37.2-720","catch_line":"When collection of expenses not required","url":"\/37.2-720\/","token":"37.2\/2\/7\/2\/37.2-720"},"references":false,"formats":{"txt":"\/37.2-721.txt","json":"\/37.2-721.json","xml":"\/37.2-721.xml"},"dublin_core":{"Title":"Liability of estate of the individual receiving services","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-721","Relation":"Code of Virginia"},"plain_text":"                                 CODE OF VIRGINIA\n\nLIABILITY OF ESTATE OF THE INDIVIDUAL RECEIVING SERVICES (\u00a7 37.2-721)\n\nUpon the death of any individual who is receiving or who has received services,\nhis estate shall be liable only for the charges remaining unpaid and not more\nthan five years past due and the unsatisfied portion of any judgment rendered by\na court in a proceeding under this article. Upon the death of any individual who\nis receiving or who has received services, the provisions of \u00a7 37.2-717, which\nprohibit depleting the individual’s estate below $ 500, shall after\nfuneral expenses have no further application, and such sum may be applied to the\ncharges of the Department remaining unpaid or may be applied to the unsatisfied\nportion of any judgment.Upon the death of any individual who is receiving or who\nhas received services in the event amounts remain unpaid for his care, treatment\nor training, and maintenance, the Department, having reason to believe that the\nindividual died possessed of real or personal property from which reimbursement\nmay be had, shall prepare and acknowledge, as deeds are acknowledged, a notice\nshowing the name of the individual and the actual per diem cost of maintenance\ndue and shall file the notice within four months of the date of the\nindividual’s death in the office of the clerk of the court in which deeds\nare admitted to record in the county or city in which the real or personal\nproperty is located. The clerk of court shall record this notice as a lien is\nrecorded, indexing it in the names of the individual and the Department. The\nfiling of this notice shall create a lien against the estate, both real and\npersonal, of the deceased individual prior to all other claims of the same class\nexcept prior liens. No such claim shall be enforced against any real estate of\nthe deceased individual while such real estate is occupied by the surviving\nspouse of the individual or while such real estate is occupied by any dependent\nchild of the individual.\n\nHISTORY: Code 1950, \u00a7 37-125.14; 1952, c. 492; 1954, c. 445; 1968, c. 477, \u00a7\n37.1-117; 1972, c. 383; 1976, c. 671; 2005, c. 716; 2012, cc. 476, 507."}