§ 36D-4. Administration; powers and duties. - North Carolina Statutes

§ 36D‑4. Administration; powers and duties.

(a)        Every communitytrust shall be administered by a board. The board shall be comprised of no lessthan nine and no more than 21 members, at least one‑third of whom areparents or relatives of persons with severe chronic disabilities. No boardmember shall be a provider of habilitative, health, social, or educationalservices to persons with severe chronic disabilities or an employee of such aservice provider. The board may, however, allow service providers to serve onthe board in an advisory capacity. Board members shall be selected, to themaximum extent possible, from geographic areas throughout the area served bythe trust.

The certificate ofincorporation filed with the Secretary of State under Chapter 55A of theGeneral Statutes shall, in addition to the requirements set forth in thatChapter, demonstrate that the requirements of this section have been met.

(b)        Notwithstanding anyother law, no trustee may be compensated for services provided as a member ofthe board of a community trust. No fees or commissions shall be paid to thesetrustees; however, a trustee may be paid for necessary expenses incurred by thetrustee and may receive indemnification as permitted under Chapter 55A of theGeneral Statutes.

(c)        For every communitytrust incorporated under this Article, the corporation itself is considered thetrustee of any funds administered by it. No individual board member isconsidered to be trustee of any fund deposited on behalf of any individualbeneficiary with severe chronic disabilities.

(d)        The board shalladopt bylaws that include a declaration delineating the primary geographic areaserviced by the trust and the principal services to be provided. The boardshall file the bylaws with the Secretary of State.

(e)        The board mayretain paid staff as it considers necessary to provide follow along services tothe extent required by each beneficiary. The community trust may authorize theexpenditure of funds for any goods or services, including recreationalservices, which the board, in its sole discretion, determines will promote thewell‑being of any beneficiary. The community trust may pay for the burialof any beneficiary. The community trust, however, may not expend funds for anygoods or services of comparable quality to those available to any particularbeneficiary through any governmental or charitable program, insurance, or othersources. The community trust may expend funds to meet the reasonable costs ofadministering the community trust.

(f)         The communitytrust is not required to provide services to a beneficiary who is a competentadult and who has refused to accept the services. Further, the community trustshall not provide services of a nature or in a manner that would be contrary tothe public policy of this State at the time the services are to be provided. Ineither case, the community trust may offer alternate services that areconsistent with the purposes of this Article and in keeping with the bestinterests of the beneficiary.

(g)        The community trustmay accept appointment as guardian of the person, guardian of the estate, orguardian of both on behalf of any beneficiary. If the community trust acceptsappointment as guardian of the person of an individual, it shall assign a staffmember to carry out its responsibilities as the guardian. The community trustmay, upon request, offer consultative and professional assistance to anindividual, private or public guardian of any of its beneficiaries.

(h)        The community trustmay accept contributions, bequests, and designations under life insurancepolicies to the community trust on behalf of individuals with severe chronicdisabilities for the purpose of qualifying them as beneficiaries.

(i)         At the time acontribution, bequest, or assignment of insurance proceeds is made, the trustorshall receive a written statement of the services to be provided to thebeneficiary. The statement shall include a starting date for the delivery ofservices or the condition precedent, such as the death of the trustor, whichshall determine the starting date. The statement shall describe the frequencywith which services shall be provided and their duration, and the criteria orprocedures for modifying the program of services from time to time in the bestinterests of the beneficiary. (1991 (Reg. Sess., 1992), c. 768, s. 1; 2005‑192,s. 3.)