North Carolina General Statutes Chapter 36D North Carolina Community Third Party Trusts, Pooled Trusts

  • N.C. Gen. Stat. § 36D-1.   Title; findings
    (a) This Chapter shall be known and may be cited as the "North Carolina Community Third Party Trusts, Pooled Trusts Act." (b) The General...
  • N.C. Gen. Stat. § 36D-2.   Definitions
    As used in this Chapter, unless the context clearly requires otherwise: (1) Beneficiary. - Any of the following persons: a. Any person of any...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 36D-4.   Administration of Community Third Party and Pooled Trusts; powers and duties
    (a) Every Community Third Party or Pooled Trust shall be administered by a board. The board shall be comprised of no less than nine...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 36D-8.   Repealed by Session Laws 2010-118, s. 1, effective July 20, 2010
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...

Last modified: March 23, 2014