reglab/housing_qa huggingface dataset:
NC Gen Stat § 34-14.1 (2021)
2021 North Carolina General Statutes|Chapter 34 - Veterans' Guardianship Act|§ 34-14.1 - Payment of veterans' benefits to relatives.

 34-14.1. Payment of veterans' benefits to relatives.(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 G.S. 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. (1945, c. 479, ss. 1, 2; 1953, c. 122, s. 1; 1955, c. 1272, s. 2.)
NC Gen Stat § 34-15 (2021)
2021 North Carolina General Statutes|Chapter 34 - Veterans' Guardianship Act|§ 34-15 - Certified copy of record required by Bureau to be furnished without charge.

 34-15. Certified copy of record required by Bureau to be furnished without charge.Whenever a copy of any public record is required by the Bureau or the Department of Military and Veterans Affairs to be used in determining the eligibility of any person to participate in benefits made available by such Bureau, the official charged with the custody of such public record shall without charge provide the applicant for such benefits or any person acting on his behalf or the representative of such Bureau or the Department of Military and Veterans Affairs with a certified copy of such record. (1929, c. 33, s. 15; 1945, c. 723, s. 2; 1967, c. 564, s. 5; 1973, c. 620, s. 9.)
NC Gen Stat § 34-17 (2021)
2021 North Carolina General Statutes|Chapter 34 - Veterans' Guardianship Act|§ 34-17 - Discharge of guardian.

 34-17. Discharge of guardian.When a minor ward for whom a guardian has been appointed under the provisions of this Chapter or other laws of this State shall have attained his or her majority, and if incompetent shall be declared competent by the Bureau and by an order of the clerk of the superior court of the county in which such guardian was appointed, and when any incompetent ward, not a minor, shall be declared competent by said Bureau and by an order of the clerk of the superior court of the county in which such guardian was appointed, the guardian shall upon making a satisfactory accounting be discharged upon a petition filed for that purpose. The certificate of the Director, or his representative, setting forth the fact that an incompetent ward has been rated competent by the Bureau on examination in accordance with the laws and regulations governing such Bureau shall be prima facie evidence upon which the court may declare such ward competent. (1929, c. 33, s. 17; 1955, c. 1272, s. 3.)
NC Gen Stat § 34-18 (2021)
2021 North Carolina General Statutes|Chapter 34 - Veterans' Guardianship Act|§ 34-18 - Construction of Chapter.

 34-18. Construction of Chapter.This Chapter shall be construed liberally to secure the beneficial intents and purposes thereof and shall apply only to beneficiaries of the Bureau. (1929, c. 33, s. 18.)
NC Gen Stat § 36D-3 (2021)
2021 North Carolina General Statutes|Chapter 36D - North Carolina Community Third Party Trusts, Pooled Trusts|§ 36D-3 - Scope.

 36D-3. Scope.This Chapter applies to every Community Third Party Trust or Medicaid Pooled Trust established in this State. In addition to meeting the other requirements of this Chapter, every board that administers a Community Third Party Trust or Medicaid Pooled Trust shall incorporate as a nonprofit corporation under Chapter 55A of the General Statutes. Except as otherwise provided in this Chapter, Chapter 55A of the General Statutes applies to all trusts governed by this Chapter. Article 9 of Chapter 36C of the General Statutes, the Uniform Trust Code, applies to 36D Trusts in the same manner that it applies to trusts under the Uniform Trust Code, with the exception of the following: the trustee of a pooled trust is liable to the Department to the extent the trustee administers the trust in a way that is not for the sole benefit of the beneficiary, regardless of the terms of the trust. The terms of the trust shall not contradict the meaning of "sole benefit" as defined in G.S. 36D-2(7).  (1991 (Reg. Sess., 1992), c. 768, s. 1; 2005-192, s. 3; 2010-118, s. 1.)
NC Gen Stat § 36D-5 (2021)
2021 North Carolina General Statutes|Chapter 36D - North Carolina Community Third Party Trusts, Pooled Trusts|§ 36D-5 - Community Third Party and Pooled Trust accountability.

 36D-5. Community Third Party and Pooled Trust accountability.(a) Along with the annual report filed with the Secretary of State under Chapter 55A of the General Statutes, the Community Third Party or Pooled Trust shall file an itemized statement that shows the funds collected for the year, income earned, salaries, other expenses incurred, and the opening and final trust balances. A copy of the annual individual accounting statement of each beneficiary's subaccount shall be made available by the trustee, upon request, to the Department, any beneficiary, guardian, trustor, or designee of the trustor. In addition, once annually, each trustor or the trustor's designee shall receive a detailed individual statement of the services provided to the trustor's beneficiary during the previous 12 months and the services to be provided during the following 12 months. The Community Third Party or Pooled Trust shall make a copy of the individual statement available to any beneficiary, upon request.(b) The Department or its agents may perform annual audits of any Community Third Party or Pooled Trusts existing in the State.  (1991 (Reg. Sess., 1992), c. 768, s. 1; 2005-192, s. 3; 2010-118, s. 1.)
NC Gen Stat § 36D-6 (2021)
2021 North Carolina General Statutes|Chapter 36D - North Carolina Community Third Party Trusts, Pooled Trusts|§ 36D-6 - Gifts, Community Third Party or Pooled Trust surplus trust funds.

 36D-6. Gifts, Community Third Party or Pooled Trust surplus trust funds.(a) Community Third Party and Pooled Trusts may accept gifts and use surplus trust funds to meet reasonable start-up costs and reduce the charges to the trust for the cost of administration and for the purpose of qualifying as beneficiary any indigent person whose family members lack the resources to make a full contribution on that person's behalf. A maximum of fifty percent (50%) of the surplus trust funds may be retained in the Community Third Party or Pooled Trust account for this purpose as well as to cover administrative costs. Gifts made to the Community Third Party or Pooled Trust for an unspecified purpose shall be used by the trust either to qualify indigent persons whose families lack the means to qualify them as beneficiaries of the trust or to meet any reasonable start-up or administrative costs that the trust incurs.(b) For Community Third Party Trusts, remaining surplus trust funds may be distributed to additional beneficiaries as specified in the Trust Agreement.(c) For Medicaid Pooled Trusts, upon termination of an individual trust account, the surplus trust funds remaining in the individual account shall be used to satisfy any claims or liens of the Department, up to an amount equal to the total medical assistance paid on behalf of or to the disabled individual by the Department. The amount retained by the trust shall be determined on a sliding scale calculation, based upon the number of years the disabled individual received services from the nonprofit corporation, but in no instance shall the trust retain more than fifty percent (50%) of the surplus trust funds, unless the claims or liens of the Department are less than fifty percent (50%) of the surplus trust funds.(d) A Medicaid Pooled Trust may not distribute surplus trust funds to any remaindermen identified in the trust document unless there are funds remaining after all claims or liens of the Department have been satisfied, nor shall it use surplus trust funds to make any charitable contribution on behalf of any beneficiary or any group or class of beneficiaries.  (1991 (Reg. Sess., 1992), c. 768, s. 1; 2005-192, s. 3; 2010-118, s. 1.)
NC Gen Stat § 36D-7 (2021)
2021 North Carolina General Statutes|Chapter 36D - North Carolina Community Third Party Trusts, Pooled Trusts|§ 36D-7 - Special requests on behalf of beneficiary.

 36D-7. Special requests on behalf of beneficiary.The Community Third Party Trust may agree to fulfill any special requests made on behalf of a beneficiary as long as the requests are consistent with this Chapter and provided that an adequate contribution has been made for this purpose on behalf of a beneficiary. The Medicaid Pooled Trust may only disburse subaccount trust funds if such disbursement is in the sole benefit of the beneficiary.  (1991 (Reg. Sess., 1992), c. 768, s. 1; 2005-192, s. 3; 2010-118, s. 1.)
NC Gen Stat § 36D-9 (2021)
2021 North Carolina General Statutes|Chapter 36D - North Carolina Community Third Party Trusts, Pooled Trusts|§ 36D-9 - Beneficiary's interest in trust not asset for income eligibility determination.

 36D-9. Beneficiary's interest in trust not asset for income eligibility determination.The beneficiary's interest in any 36D Trust is not considered to be an asset for the purpose of determining income eligibility for any publicly operated program, nor shall that interest be reached in satisfaction of a claim for support and maintenance of the beneficiary. The Department shall not reduce the benefits or services available to any individual because that person is the beneficiary of a 36D Trust. The Department may authorize termination of an individual's eligibility for medical assistance or impose sanctions as necessary for failure of a purported 36D Trust to comply with the requirements of this Chapter and any rules adopted by the Department pursuant to this Chapter. The Department may authorize termination of an individual's eligibility for medical assistance or impose sanctions as necessary for failure of the trustee to administer the 36D Trust in a manner consistent with this Chapter, the rules adopted by the Department pursuant to this Chapter, and federal law and policy.  (1991 (Reg. Sess., 1992), c. 768, s. 1; 2005-192, s. 3; 2010-118, s. 1.)
NC Gen Stat § 36D-10 (2021)
2021 North Carolina General Statutes|Chapter 36D - North Carolina Community Third Party Trusts, Pooled Trusts|§ 36D-10 - Trust not subject to law against perpetuities; restraints on alienation.

 36D-10. Trust not subject to law against perpetuities; restraints on alienation.A 36D Trust shall not be subject to or held to be in violation of any principle of law against perpetuities or restraints on alienation or perpetual accumulations of trusts.  (1991 (Reg. Sess., 1992), c. 768, s. 1; 2005-192, s. 3; 2010-118, s. 1.)
NC Gen Stat § 36D-11 (2021)
2021 North Carolina General Statutes|Chapter 36D - North Carolina Community Third Party Trusts, Pooled Trusts|§ 36D-11 - Settlement; trustee limitations.

 36D-11. Settlement; trustee limitations.(a) The trustee of a Medicaid Pooled Trust shall provide a final disbursement and accounting for an individual Pooled Trust subaccount to the Division of Health Benefits, Third Party Recovery Section, within 30 days of the receipt of an accounting of charges from Medicaid, after the death of the beneficiary or other termination of the trust. An individual Pooled Trust subaccount shall terminate upon the death of the beneficiary and the satisfaction of all outstanding charges.(b) At any time before the settlement of the final account, the Community Third Party or Pooled Trust, the Secretary of State, or the Attorney General may bring an action for the dissolution of a nonprofit corporation in the superior court for the purpose of terminating the trust or merging it with another charitable trust.(c) No trustee or any private individual is entitled to share in the distribution of any of the trust assets upon dissolution, merger, or settlement of the Community Third Party or Pooled Trust. Upon dissolution, merger, or settlement, the superior court shall distribute all of the remaining net assets of the Community Third Party or Pooled Trust in a manner that is consistent with the purposes of this Chapter.  (1991 (Reg. Sess., 1992), c. 768, s. 1; 2005-192, s. 3; 2010-118, s. 1; 2019-81, s. 15(a).)
NC Gen Stat § 36D-12 (2021)
2021 North Carolina General Statutes|Chapter 36D - North Carolina Community Third Party Trusts, Pooled Trusts|§ 36D-12 - Administrative rules.

 36D-12. Administrative rules.The Department shall adopt rules pursuant to Chapter 150B of the General Statutes governing the eligibility of beneficiaries for State medical assistance and State-County Special Assistance, and to supplement and expand upon the general requirements set forth in this Chapter, including, but not limited to, rules that may be more restrictive than the general requirements of this Chapter. With respect to Medicaid Pooled Trusts, a subaccount is irrevocable. The State shall be paid an amount up to the total medical assistance paid on behalf of the beneficiary by the Department from funds remaining in the individual trust subaccount upon the death of the beneficiary or termination of the trust as described in this Chapter. If the pooled trust is to be funded with the proceeds of a settlement of a lawsuit against a third party, the settlement proceeds are subject to the Department's subrogated rights of recovery as set forth in G.S. 108A-57, and all such subrogated rights of recovery shall be satisfied in full prior to execution and judicial approval of the trust, or both.  (2010-118, s. 1.)
NC Gen Stat § 36E-1 (2021)
2021 North Carolina General Statutes|Chapter 36E - Uniform Prudent Management of Institutional Funds Act|§ 36E-1 - Short title.

 36E-1. Short title.This Chapter may be cited as the Uniform Prudent Management of Institutional Funds Act.  (1985, c. 98, s. 1; 2009-8, s. 2.)
NC Gen Stat § 36E-2 (2021)
2021 North Carolina General Statutes|Chapter 36E - Uniform Prudent Management of Institutional Funds Act|§ 36E-2 - Definitions.

 36E-2. Definitions.The following definitions apply in this Chapter:(1) Charitable purpose. - The relief of poverty, the advancement of education or religion, the promotion of health, scientific, benevolent, literary, governmental, or municipal purposes, or any other purpose the achievement of which is beneficial to the community.(2) Endowment fund. - An institutional fund or part thereof that, under the terms of a gift instrument, is not wholly expendable by the institution on a current basis. The term does not include assets that an institution designates as an endowment fund for its own use.(3) Gift instrument. - A record or records, including an institutional solicitation or a response to an institutional solicitation, under which property is granted to, transferred to, or held by an institution as an institutional fund.(4) Institution. - Any of the following:a. A person, other than an individual, organized and operated exclusively for charitable purposes;b. A government or governmental subdivision, agency, or instrumentality, to the extent that it holds funds exclusively for a charitable purpose; orc. A trust that had both charitable and noncharitable interests, after all noncharitable interests have terminated.(5) Institutional fund. - A fund held by an institution exclusively for charitable purposes. The term includes tangible assets but does not include:a. Program-related assets;b. A fund held for an institution by a trustee that is not an institution; orc. A fund in which a beneficiary that is not an institution has an interest, other than an interest that could arise only upon violation or failure of the purposes of the fund.(6) Person. - An individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.(7) Program-related asset. - An asset held by an institution not primarily for investment.(8) Record. - Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.  (1985, c. 98, s. 1; 1991, c. 39, s. 1; 2009-8, s. 2.)
NC Gen Stat § 36E-4 (2021)
2021 North Carolina General Statutes|Chapter 36E - Uniform Prudent Management of Institutional Funds Act|§ 36E-4 - Appropriation for expenditure or accumulation of endowment fund; rules of construction.

 36E-4. Appropriation for expenditure or accumulation of endowment fund; rules of construction.(a) Subject to the intent of a donor expressed in the gift instrument, an institution may appropriate for expenditure or accumulate so much of an endowment fund as the institution determines is prudent for the uses, benefits, purposes, and duration for which the endowment fund is established. Unless stated otherwise in the gift instrument, the assets in an endowment fund are donor-restricted assets until appropriated for expenditure by the institution. In making a determination to appropriate or accumulate, the institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, and shall consider, if relevant, the following factors:(1) The duration and preservation of the endowment fund;(2) The purposes of the institution and the endowment fund;(3) General economic conditions;(4) The possible effect of inflation or deflation;(5) The expected total return from income and the appreciation of investments;(6) Other resources of the institution; and(7) The investment policy of the institution.(b) To limit the authority to appropriate for expenditure or accumulate under subsection (a) of this section, a gift instrument must specifically state the limitation.(c) Terms in a gift instrument designating a gift as an endowment, or a direction or authorization in the gift instrument to use only "income," "interest," "dividends," or "rents, issues, or profits," or "to preserve the principal intact," or words of similar import:(1) Create an endowment fund of permanent duration unless other language in the gift instrument limits the duration or purpose of the fund; and(2) Do not otherwise limit the authority to appropriate for expenditure or accumulate under subsection (a) of this section.  (1985, c. 98, s. 1; 2009-8, s. 2.)
NC Gen Stat § 36E-5 (2021)
2021 North Carolina General Statutes|Chapter 36E - Uniform Prudent Management of Institutional Funds Act|§ 36E-5 - Delegation of management and investment functions.

 36E-5. Delegation of management and investment functions.(a) Subject to any specific limitation set forth in a gift instrument or in law other than this Chapter, an institution may delegate to an external agent the management and investment of an institutional fund to the extent that an institution could prudently delegate under the circumstances. An institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, in:(1) Selecting an agent;(2) Establishing the scope and terms of the delegation, consistent with the purposes of the institution and the institutional fund; and(3) Periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the scope and terms of the delegation.(b) In performing a delegated function, an agent owes a duty to the institution to exercise reasonable care to comply with the scope and terms of the delegation.(c) An institution that complies with subsection (a) of this section is not liable for the decisions or actions of an agent to which the function was delegated.(d) By accepting delegation of a management or investment function from an institution that is subject to the laws of this State, an agent submits to the jurisdiction of the courts of this State in all proceedings arising from or related to the delegation or the performance of the delegated function.(e) An institution may delegate management and investment functions to its committees, officers, or employees as authorized by law of this State other than this Chapter.  (1985, c. 98, s. 1; 2009-8, s. 2.)