GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
S	1
SENATE BILL 766
     

 
Short Title:	Modify Guardianship Standards.	()	
Sponsors:	Senators Carpenter, Lucas; and Garwood.	
Referred to:	Judiciary I.	
April 2, 2001

A BILL TO BE ENTITLED
AN ACT to modify the duty of a guardian with respect to medical treatment of a ward and to modify the standards for removal of a guardian by the clerk of court.

The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 35A‑1241(a) reads as rewritten:
"(a)	To the extent that it is not inconsistent with the terms of any order of the clerk or any other court of competent jurisdiction, a guardian of the person has the following powers and duties:
(1)	The guardian of the person is entitled to custody of the person of his ward and shall make provision for his ward's care, comfort, and maintenance, and shall, as appropriate to the ward's needs, arrange for his training, education, employment, rehabilitation or habilitation. The guardian of the person shall take reasonable care of the ward's clothing, furniture, vehicles, and other personal effects that are with the ward.
(2)	The guardian of the person may establish the ward's place of abode within or without this State. In arranging for a place of abode, the guardian of the person shall give preference to places within this State over places not in this State if in‑State and out‑of‑State places are substantially equivalent. He also shall give preference to places that are not treatment facilities. If the only available and appropriate places of domicile are treatment facilities, he shall give preference to community‑based treatment facilities, such as group homes or nursing homes, over treatment facilities that are not community‑based.
(3)	The guardian of the person may give any consent or approval that may be necessary to enable the ward to receive medical, legal, psychological, or other professional care, counsel, treatment, or service. He may not, however, consent to the sterilization of a mentally ill or mentally retarded ward. Such sterilization may be performed only after compliance with Chapter 35, Article 7. Absent grounds for refusing artificial life support treatment pursuant to G.S. 90-322, the guardian may not direct that artificial life support treatment be refused or removed from the ward without an order from the clerk. The guardian of the person may give any other consent or approval on the ward's behalf that may be required or in the ward's best interest. He may petition the clerk for the clerk's concurrence in the consent or approval."
SECTION 2.  G.S. 35A‑1290(b) reads as rewritten:
"(b)	It is the clerk's duty to remove a guardian or to take other action sufficient to protect the ward's interests in the following cases:
(1)	The guardian wastes the ward's money or estate or converts it to his own use.
(2)	The guardian in any manner mismanages the ward's estate.
(3)	The guardian neglects to care for or maintain the ward or his dependents in a suitable manner.
(3a)	The guardian physically neglects, abuses, or exploits the ward by overt acts or omissions.
(4)	The guardian or his sureties are likely to become insolvent or to become nonresidents of the State.
(5)	The original appointment was made on the basis of a false representation or a mistake.
(6)	The guardian has violated a fiduciary duty through default or misconduct.
(7)	The guardian has a private interest, whether direct or indirect, that might tend to hinder or be adverse to carrying out his duties as guardian."
SECTION 3.  This act is effective when it becomes law and applies to acts or omissions occurring on or after that date.