04 NCAC 10K .0103          Authority to file on behalf of third party

(a)  If a claimant is living, an action may be brought under this Subchapter only by the claimant or a person lawfully authorized to act on behalf of the claimant.  A person is lawfully authorized to act on behalf of the claimant if such person has a General Power of Attorney or a Letter of Appointment of Guardian for the claimant.

(b)  If the claimant was living on June 30, 2013, but deceased at time of filing a claim, an action may be brought under this Subchapter only by a person lawfully authorized to act on behalf of the claimant's estate.  A person is lawfully authorized to act on behalf of the claimant if such person has Letters Testamentary or Letters of Administration for the claimant's estate.

 

History Note:        Authority G.S. 143B-426.50; 143B-426.52(d);

Temporary Adoption Eff. December 3, 2013 and shall expire on the earlier of the date all claims made under this section are finally adjudicated or June 30, 2018 pursuant to G.S. 143B-426.52(d).