                                 CODE OF VIRGINIA

PERSONAL REPRESENTATIVES FOR RECIPIENTS OF PUBLIC ASSISTANCE FUNDS (§ 63.2-507)

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

B. The court shall summarily order a hearing on the petition and shall cause the
applicant, recipient, or payee to be notified at least five days in advance of
the time and place for the hearing. Findings of fact shall be made by the court
without a jury. The court may require the local director to furnish a report
containing any information necessary and this report shall remain confidential.
Reports and findings of fact under this section shall not be competent as
evidence in any proceeding dealing with any subject matter other than provided
in this section.

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

D. The court may in its discretion at the time of the appointment or
subsequently require the personal representative to give bond to assure the
faithful performance of the duties required. An accounting by the personal
representative shall be made at least annually and the court may require
additional accounting at such intervals as may be deemed necessary. Failure to
render such accounts and to account satisfactorily for all proceeds received
shall be sufficient cause for the removal of the personal representative. The
personal representative may be removed by the court upon the petition of the
local director and another such representative may be appointed. No court costs
shall be assessed in proceedings under this section; however, when the accruing
benefits exceed $500 per year per applicant or recipient, the clerk of the court
shall assess a fee of $5.

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