§ 108A-37. Personal representative for mismanaged public assistance. - North Carolina Statutes

§ 108A‑37. Personal representative for mismanaged public assistance.

(a)        Whenever a county director of social services shalldetermine that a recipient of assistance is unwilling or unable to manage suchassistance to the extent that deprivation or hazard to himself or othersresults, the director shall file a petition before a district court or theclerk of superior court in the county alleging such facts and requesting theappointment of a personal representative to be responsible for receiving suchassistance and to use it for the  benefit of the recipient.

(b)        Upon receipt of such petition, the court shall promptly holda  hearing, provided the recipient shall receive five days' notice in writingof the time and place of such hearing. If the court, sitting without a jury,shall find at the hearing that the facts alleged in the petition are true, itmay appoint some responsible person as personal representative. The personalrepresentative shall serve without compensation and be responsible to the courtfor the faithful performance of his duties. He shall serve until the directorof social services or the recipient shows to the court that the personalrepresentative is no longer required or is unsuitable. All costs of courtrelating to proceedings under this section shall be waived.

(c)        Any recipient for whom a personal representative isappointed may appeal such appointment to superior court for a hearing de novowithout a jury.

(d)        All findings of fact made under the proceedings authorizedby this section shall not be competent as evidence in any case or proceedingwhich concerns any subject matter other than that of appointing a personalrepresentative. (1959, c. 1239, ss.1, 3; 1961, c. 186; 1969, c. 546, s. 1; 1981, c. 275, s. 1.)