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NC H539

Bill

Status

Introduced

3/29/2017

Primary Sponsor

Jean Farmer-Butterfield

Click for details

Origin

House of Representatives

2017-2018 Session

AI Summary

  • Establishes a new Chapter 35C in North Carolina General Statutes to create a legal process for relatives to petition for access to elderly adults being isolated from family contact.

  • Applies only to individuals 65 years or older who are not in federal facilities and have been adjudicated incompetent or diagnosed with Alzheimer's disease or dementia.

  • Allows relatives (spouse, child, or sibling) to file petitions in superior court for visitation or communication access, with hearings scheduled within 30 days of filing (or 10 days for emergency hearings when health is in significant decline).

  • Requires clerks to consider seven factors when deciding whether to grant access orders, including whether isolation has occurred, prior protective orders against the petitioner, any history of abuse or exploitation, and the elderly adult's own wishes.

  • Allows either party to appeal the clerk's order for a de novo hearing in superior court, and exempts elderly adults residing in federal facilities from the statute's provisions.

Legislative Description

Access to Elderly Adults

Last Action

Ref to the Com on Aging, if favorable, Judiciary I

4/3/2017

Committee Referrals

Aging4/3/2017

Full Bill Text

No bill text available