63.2-507 - Personal representatives for recipients of public assistance funds. - Virginia Statutes

§ 63.2-507. Personal representatives for recipients of public assistancefunds.

A. If any otherwise qualified applicant for, or recipient of, benefitsaccruing under the provisions of this subtitle is or shall become unable tomanage the funds accruing thereunder, or otherwise fails so to manage, to theextent that deprivation or hazard to himself or others results, or, in thecase of Temporary Assistance for Needy Families, the benefits are not beingused for the children, a petition may be filed by the local director of thecounty or city wherein the applicant or recipient resides, in any court ofthat county or city having jurisdiction in fiduciary matters for theappointment of a personal representative not an employee of the localdepartment, for the purpose of receiving and managing any such paymentsaccruing thereunder for any such recipient or payee. The petition shallallege one or more of the above grounds for the appointment of suchrepresentative.

B. The court shall summarily order a hearing on the petition and shall causethe applicant, recipient, or payee to be notified at least five days inadvance of the time and place for the hearing. Findings of fact shall be madeby the court without a jury. The court may require the local director tofurnish a report containing any information necessary and this report shallremain confidential. Reports and findings of fact under this section shallnot be competent as evidence in any proceeding dealing with any subjectmatter other than provided in this section.

C. If the court finds that the applicant, recipient, or payee is unable tomanage such payments, or otherwise fails so to manage, to the extent thatdeprivation or hazard to himself or others results, or, in the case ofTemporary Assistance for Needy Families, the payment is not being used forsuch child or children, the court may enter an order stating its findings andappointing some responsible person, not an employee of the local department,as personal representative of the applicant, recipient or payee for thepurpose set forth herein.

D. The court may in its discretion at the time of the appointment orsubsequently require the personal representative to give bond to assure thefaithful performance of the duties required. An accounting by the personalrepresentative shall be made at least annually and the court may requireadditional accounting at such intervals as may be deemed necessary. Failureto render such accounts and to account satisfactorily for all proceedsreceived shall be sufficient cause for the removal of the personalrepresentative. The personal representative may be removed by the court uponthe petition of the local director and another such representative may beappointed. No court costs shall be assessed in proceedings under thissection; however, when the accruing benefits exceed $500 per year perapplicant or recipient, the clerk of the court shall assess a fee of $5.

(Code 1950, § 8-750.1; 1962, c. 418; 1972, c. 73; 1975, c. 118; 1977, c. 624,§ 63.1-88.1; 2002, c. 747.)