CHAPTER 418

An Act to amend the Code of Virginia by adding a section numbered
8-750.1, relating to appointment of personal representatives, and pro-
cedures relating thereto, in certain cases.

(H 88]

Approved March 31, 1962

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding a section numbered
8-750.1, as follows:

§ 8-750.1. (a) If any otherwise qualified applicant for, or recipient
of benefits accruing under the provisions of Chapters 5, 6, 7, 8 and 9 of
Title 63 of the Code of Virginia, 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 aid to dependent children, the benefits are not being used for the
children, a petition may be filed by the superintendent of public welfare of
the county or city wherein the applicant or recipient resides, in any court
of that county or corporation having jurisdiction in fiduciary matters for
the appointment of a personal] representative not an employee of the public
welfare department, for the purpose of receiving and managing any such
payments accruing thereunder for any such recipient or payee, which
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
superintendent of public welfare to furnish a report containing any in-
formation necessary and this report shall remain confidential. Such 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 shall find 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 aid to a dependent child or children, the payment is not being used
for such child or children, the court may thereupon enter an order embrac-
ing its findings and appointing some responsible person, not an employee
of the local board of public welfare, 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; and the personal representative so appointed
may be removed by the court upon the petition of the superintendent of
public welfare and another such representative appointed. No costs of
court or commissioner’s fees shall be assessed in proceedings under this
section.