§ 36D-2. Definitions. - North Carolina Statutes

§ 36D‑2.  Definitions.

As used in this Article,unless the context clearly requires otherwise:

(1)        "Beneficiary"means any person with a severe chronic disability who has qualified as a memberof the community trust program and who has the right to receive those servicesand benefits vested with the management of the business and affairs of acorporation, formed for the purpose of managing a community trust, irrespectiveof the name by which the group is designated.

(2)        "Communitytrust" means a nonprofit organization that offers the following services:

a.         Administration ofspecial trust funds for persons with severe chronic disabilities;

b.         Follow alongservices;

c.         Guardianship forpersons with severe chronic disabilities who are incompetent, when no otherfamily member or immediate friend is available for this purpose; and

d.         Advice and counselto persons who have been appointed as individual guardians of the persons orestates of persons with severe chronic disabilities.

(3)        "Follow alongservices" means (i) those services offered by community trusts that aredesigned to ensure that the needs of each beneficiary are being met for as longas may be required and may include periodic visits to the beneficiary and tothe places where the beneficiary receives services, (ii) participation in thedevelopment of individualized plans being made by service providers for thebeneficiary, and (iii) other similar services consistent with the purposes ofthis Article.

(4)        "Severe chronicdisability" means a physical or mental impairment that is expected to giverise to a long‑term need for specialized health, social, and otherservices, and that makes the person with the disability dependent upon othersfor assistance to secure these services.

(5)        "Surplus trustfunds" means funds accumulated in the trust from contributions made onbehalf of an individual beneficiary that, after the death of the beneficiary,are determined by the board to be in excess of the actual cost of providingservices during the beneficiary's lifetime, including the beneficiary's shareof administrative costs.

(6)        "Trustee"means any member of the board of a corporation, formed for the purpose ofmanaging a community trust, whether that member is designated as a trustee,director, manager, governor, or by any other title. (1991 (Reg. Sess., 1992), c.768, s. 1; 2005‑192, s. 3.)