Current as of: 2010
(a) It shall be lawful for a guardian or trustee of a mentally disordered or incompetent Veterans Administration beneficiary to pay to or for
(1) The spouse or children or mother or father of the ward, whether or not said spouse or children or mother or father received any part of their maintenance from the ward prior to the appointment of said guardian or trustee, such an amount for support and maintenance as shall be approved by the clerk of the superior court having jurisdiction over such guardian or trustee;
(2) A brother, sister, nephew, niece, uncle, aunt, or any other relative of the ward, who, prior to the appointment of said guardian or trustee, received some part of his or her maintenance from said ward, such an amount for support and maintenance as shall be approved by the clerk of the superior court having jurisdiction over said guardian or trustee and by a superior court judge.
(b) Such approval may be granted upon a duly verified petition filed before the clerk of the superior court having jurisdiction of such guardian or trustees setting forth
(1) The amount of benefits received by the guardian or trustee on behalf of the ward from the Veterans Administration;
(2) The amount of periodic disbursements, if any, made by such guardian or trustee for the maintenance and support of the ward;
(3) The person for whose maintenance and support payment is to be made and the relationship of such person to the ward;
(4) If the person for whose maintenance and support payment is to be made is one described in subsection (a)(2) above, facts showing that prior to the appointment of said guardian or trustee such person received some part of his or her maintenance from said ward;
(5) The amount to be paid and the period when such payments are to be made.
Notice of hearing upon such petition shall be as provided by Gen. Stat. 34-14, and no person or persons, other than the guardian or trustees and petitioner, need to be made parties to any such proceeding. If the guardian or trustee is the petitioner, no other parties shall be necessary.
Questions & Answers: Guardianships
| Does a power of attorney have to have the words medical and dental for doctors or dentists to see the minor child. This question come up as Clovis Schools requires a power of atto...|
| Do I have to petition the court before my grandson, who I have guardianship of, has out patient surgery tonsilectomy/adnoidectomy?
If yes, where do I find the forms, because I have...|
| Is a copy of the annual accounting to the probate court, made by my guardian, available to me. Also wondering if SSA Annual report as Rep. Payee is available to me?
| In the state of South Carolina, in what order can (relatives) make decisions for an incapacitated person? Who comes first, the mother or the adult child of the incapacitated?...|
If you are asking about health care decisions, under section 44-66-30 of the South Carolina Code, parents and adult children have equal priority:
| my nephew is a slow learner and has a bone disease. He has met a young lady that has media issues and is a slow learner they both are in a work program. this is how they met........|
North Carolina Laws: Guardianships