State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_111 > GS_111-30

§ 111‑30.  Personal representatives for certainrecipients of aid to the blind.

If any otherwise qualified applicant for or recipient of aid to theblind is or shall become unable to manage the assistance payments, or otherwisefails so to manage, to the extent that deprivation or hazard to himself orothers results, a petition may be filed by a relative of said blind person, orother interested person, or by the Secretary of Health and Human Servicesbefore the appropriate court under G.S. 111‑31, in the form of a verifiedwritten application for the appointment of a personal representative for thepurpose of receiving and managing public assistance payments for any suchrecipient, which application shall allege one or more of the above grounds forthe legal appointment of such personal representative.

The court shall summarily order a hearing on the petition and shallcause the applicant or recipient to be notified at least five days in advanceof the time and place for the hearing. Findings of fact shall be made by thecourt without a jury, and if the court shall find that the applicant for orrecipient of aid to the blind is unable to manage the assistance payments, orotherwise fails so to manage, to the extent that deprivation or hazard tohimself or others results, the court may thereupon enter an order embracingsaid findings and appointing some responsible person as personal representativeof the applicant or recipient for the purposes set forth herein. The personalrepresentative so appointed shall serve with or without bond, in the discretionof the court, and without compensation. He will be responsible for receivingthe monthly assistance payment and using the proceeds of such payment for thebenefit of the recipient of aid to the blind. Such personal representativeshall be responsible to the court for the faithful discharge of the duties ofhis trust. The court may consider the recommendation of the Secretary of Healthand Human Services in the selection of a suitable person for appointment as personalrepresentative for the limited purposes of G.S. 111‑30 to 111‑33.The personal representative so appointed may be removed by the court, and theproceeding dismissed, or another suitable personal representative appointed.All costs of court with respect to any such proceedings shall be waived.

From the order of the court appointing or removing such personalrepresentative, an appeal may be had to the judge of superior court who shallhear the matter de novo without a jury. (1945, c. 72, s. 4; 1953, c. 1000; 1961, c. 666, s. 2; 1971, c. 603, s.3; 1973, c. 476, s. 138; 1997‑443, s. 11A.118(a).)