10A NCAC 13G .1102       LEGAL REPRESENTATIVE OR PAYEE

(a)  In situations where a resident of a family care home is unable to manage his funds, the administrator shall contact a family member or the county department of social services regarding the need for a legal representative or payee.  The administrator and other staff of the home shall not serve as a resident's legal representative, payee, or executor of a will, except as indicated in Paragraph (b) of this Rule.

(b)  In the case of funds administered by the Social Security Administration, the Veteran's Administration or other federal government agencies, the administrator of the home may serve as a payee when so authorized as a legally constituted authority by the respective federal agencies.

(c)  The administrator shall give the resident's legal representative or payee receipts for any monies received on behalf of the resident.

 

History Note:        Authority G.S. 35A-1203; 108A-37; 131D-2.16; 143B‑165;

Eff. January 1, 1977;

Readopted Eff. October 31, 1977;

Amended Eff. July 1, 2005; April 1, 1984.