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KEMPSON v. DEPT. OF HUMAN RESOURCES

No. 9028SC176.

397 S.E.2d 314 (1990)

100 N.C. App. 482

Barry B. KEMPSON, Attorney-in-Fact for Mary A. Bloomer, Petitioner-Appellee, v. NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES, Respondent-Appellant.

Court of Appeals of North Carolina.

October 30, 1990.

Attorney(s) appearing for the Case

Van Winkle, Buck, Wall, Starnes and Davis by R. Walton Davis, III, Asheville, for petitioner-appellee.

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Jane T. Friedensen, Raleigh, for respondent-appellant.

ARNOLD, Judge.

This case was heard below on the following stipulated facts:

Petitioner has been the attorney-in-fact of Mary A. Bloomer since March 1985, and Ms. Bloomer has lived at Pisgah Manor Health Care Center ("Pisgah Manor") since August of that year. On 1 August 1988, Ms. Bloomer owned assets worth $3,983.72 in bank accounts and a personal account at Pisgah Manor. At this time Pisgah Manor was billing her about $1,750.00 a month for nursing home expenses...

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