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NC H821
Bill
Status
4/11/2017
Primary Sponsor
Jean Farmer-Butterfield
Click for details
AI Summary
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Establishes a Guardianship Bill of Rights in North Carolina Chapter 35A by creating Article 8A to protect the fundamental rights of incompetent adults and those being considered for guardianship.
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Grants incompetent adults 20 specific rights including dignity and respect, ability to request court termination or modification of guardianship, right to legal representation, voting rights, marriage rights, and private communication unless restricted by guardian for safety reasons.
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Protects incompetent adults' rights to participate in health care decisions, living arrangement choices, property management, will execution, and access to disability advocacy organizations and Adult Protective Services.
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Ensures persons being considered for guardianship have the right to pursue less restrictive alternatives including powers of attorney, living wills, and mediation before guardianship is imposed.
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Requires persons facing guardianship proceedings receive notice at least 10 days before hearing, can nominate a guardian of their choice, may request a private hearing or jury trial, and can be represented by an attorney or guardian ad litem; becomes effective October 1, 2017.
Legislative Description
NC Guardianship Bill of Rights
Last Action
Ref To Com On Rules, Calendar, and Operations of the House
4/13/2017