Title 49, Chapter 4, Section 171
( 49-4-171)
The court shall summarily order a hearing on the petition and shall
cause the applicant or recipient to be served personally with a copy
of the petition and order 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; and if the court shall find that the applicant
for or recipient of assistance under this chapter or the payee, in
the case of temporary assistance for needy families, is unable to
manage the assistance 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 the benefit of the children, the court
may thereupon enter an order embracing such findings and appointing
some responsible person as a personal representative of the
applicant or recipient or of the payee, in the case of temporary
assistance for needy families, for the purposes set forth in this
article; provided, however, that no employee of the Department of
Human Resources shall be eligible to hold such appointment. The
personal representative so appointed shall serve without bond and
without compensation. He will be responsible for receiving the
monthly assistance payment and using the proceeds of such payment
for the benefit of the recipient of assistance under this chapter
or, in the case of temporary assistance for needy families, for the
application of the payment to the best interest of the children.
Such personal representative shall be responsible to the court for
the faithful discharge of the duties of his trust. The court may
consider the recommendation of the county director of family and
children services in the selection of a suitable person for
appointment as personal representative for the limited purposes of
this Code section. The personal representative so appointed may be
removed by the court and the proceedings dismissed or another
suitable personal representative appointed. All costs of court with
respect to any such proceeding shall be waived. |