North Carolina § 32C-2-214 - Benefits from governmental programs or civil or military service.

§ 32C-2-214. Benefits from governmental programs or civil or military service.

In this section, the term "benefits from governmental programs or civil or military service" means any benefit, program, or assistance provided under a statute or regulation including Social Security, Medicare, and Medicaid. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to benefits from governmental programs or civil or military service authorizes the agent to do all of the following: Execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or subdivision of a state to the principal, including allowances and reimbursements for transportation of the individuals described in G.S. 32C-2-213(a)(1), and for shipment of their household effects. Take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument for that purpose. Enroll in, apply for, select, reject, change, amend, or discontinue, on the principal's behalf, a benefit or program. Prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or otherwise, to which the principal may be entitled under a statute or regulation. Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation concerning any benefit or assistance the principal may be entitled to receive under a statute or regulation. Receive the financial proceeds of a claim described in subdivision (4) of this subsection and conserve, invest, disburse, or use for a lawful purpose anything so received. Make elections under the Survivor Benefit Plan as defined under Subchapter II of Title 10 of the United States Code, as amended, including the authority to elect that benefits be paid to a supplemental or special needs trust for a disabled child. History (2017-153, s. 1.) NORTH CAROLINA COMMENT This section is similar to, but more comprehensive than, the powers concerning social security and unemployment insurance defined in former G.S. 32A-2(10) that could be incorporated in the Statutory Short Form Power of Attorney pursuant to former G.S. 32A-1 . This section modified Section 214 of the Uniform Power of Attorney Act by adding subdivision (b)(7), which is not a part of the Uniform Power of Attorney Act, to clarify that an agent has the general authority under this section to make the elections under the Survivor Benefit Plan as defined under Subchapter II of Title X of the United States Code. Editor's Note. - Session Laws 2017-153, s. 3, provides, in part: "The Revisor of Statutes shall cause to be printed, as annotations to the published General Statutes, all relevant portions of the Official Comments to the Uniform Power of Attorney Act (2006) and all explanatory comments of the drafters of this act as the Revisor may deem appropriate."