North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S475 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	S 1
4		-	SENATE BILL 475
	3	+	S D
	4	+	SENATE BILL DRS35170-ND-44
	5	+
5	6
6	7
7	8		Short Title: Wendy Williams's Law. (Public)
8	9		Sponsors: Senator Murdock (Primary Sponsor).
9		-	Referred to: ~~Rules and Operations of the Senate~~
10		-	~~March 25, 2025~~
11		-	~~S475 -v-1~~
	10	+	Referred to:
	11	+
	12	+	DRS35170 -ND-44
12	13		A BILL TO BE ENTITLED 1
13	14		AN ACT TO BE ENTITLED WENDY WILLIAMS 'S LAWS, CREATING MINIMUM 2
14	15		TRAINING REQUIREMENTS FOR GUARDIANS AND GUARDIANS AD LITEM 3
15	16		APPOINTED TO SERVE INCOMPETENT PERSONS. 4
16	17		The General Assembly of North Carolina enacts: 5
17	18		SECTION 1. Article 5 of Chapter 35A of the General Statutes reads as rewritten: 6
18	19		"Article 5. 7
19	20		"Appointment of Guardian for Incompetent Person. 8
20	21		… 9
21	22		"§ 35A-1215. Clerk's order; issuance of letters of appointment. 10
22	23		(a) When appointing a guardian, the clerk shall enter an order setting forth:forth all of the 11
23	24		following: 12
24	25		(1) The nature of the guardianship or guardianships to be created and the name of 13
25	26		the person or entity appointed to fill each guardianship; andguardianship. 14
26	27		(2) The powers and duties of the guardian or guardians, which shall include, 15
27	28		unless the clerk orders otherwise, (i) with all of the following: 16
28	29		a. With respect to a guardian of the person and general guardian, the 17
29	30		powers and duties provided under G.S. 35A, Article 8, and (ii) with 8. 18
30	31		b. With respect to a guardian of the estate and general guardian, the 19
31	32		powers, and duties provided under G.S. 35A, Article 9 and Subchapter 20
32	33		III; andIII. 21
33	34		(3) The identity of the designated agency if there is one. 22
34	35		(4) The requirement that any individual appointed to fill a guardianship, including 23
35	36		at least one representative of any entity appointed to fill a guardianship, shall 24
36	37		within six months of the appointment complete training that includes at a 25
37	38		minimum the following subjects: 26
38	39		a. The legal duties and responsibilities of the guardian. 27
39	40		b. The rights of the incompetent person. 28
40	41		c. The available resources to aid the incompetent person. 29
41	42		d. An orientation to medical terminology, particularly the terminology 30
42	43		related to the diagnostic and assessment procedures used to 31
43	44		characterize the extent and reversibility of any impairment. 32
44	45		e. The preparation of status reports, annual accounts, and other reports 33
45	46		required under this Article, including financial accounting for the 34
46		-	property and financial resources of the incompetent person. 35 General Assembly Of North Carolina Session 2025
47		-	Page 2 Senate Bill 475-First Edition
	47	+	property and financial resources of the incompetent person. 35
	48	+	FILED SENATE
	49	+	Mar 24, 2025
	50	+	S.B. 475
	51	+	PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	52	+	Page 2 DRS35170-ND-44
48	53		(5) The determination of whether, in the clerk's discretion, to grant a partial or 1
49	54		complete waiver of the requirements of subdivision (4) of this subsection, or 2
50	55		to expand those requirements, based upon the clerk's consideration of at least 3
51	56		each of the following: 4
52	57		a. The experience and education of the guardian with respect to the 5
53	58		training requirements of this subsection. 6
54	59		b. The duties and responsibilities of the guardian. 7
55	60		c. The needs of the incompetent person. 8
56	61		… 9
57	62		"§ 35A-1216. Rule-making power of Secretary of Health and Human Services. 10
58	63		The Secretary of the Department of Health and Human Services shall adopt rules concerning 11
59	64		the guardianship responsibilities of disinterested public agents. The rules shall provide, among 12
60	65		other things, that disinterested public agents shall undertake or have received training concerning 13
61	66		the powers and responsibilities of guardians.guardians, including at a minimum the training 14
62	67		requirements under G.S. 35A-1215(a)(4). 15
63	68		"§ 35A-1217. Appointment of guardian ad litem for incompetent ward. 16
64	69		(a) The clerk shall appoint a guardian ad litem to represent a ward in a proceeding under 17
65	70		this Subchapter if the ward has been adjudicated incompetent under Subchapter I and the clerk 18
66	71		determines that the ward's interests are not adequately represented. Appointment and discharge 19
67	72		of the guardian ad litem shall be in accordance with rules adopted by the Office of Indigent 20
68	73		Defense Services. The guardian ad litem shall explain the notice of rights under G.S. 35A-1117 21
69	74		as part of the guardian ad litem's representation of the ward in connection with all proceedings 22
70	75		under this Subchapter. Nothing herein shall affect the ward's right to retain counsel of his or her 23
71	76		own choice. 24
72	77		(b) A guardian ad litem may only be appointed pursuant to this section if the guardian ad 25
73	78		litem has completed a training program, including at a minimum each of the following subjects: 26
74	79		(1) The legal duties and responsibilities of a guardian ad litem appointed pursuant 27
75	80		to this section. 28
76	81		(2) The rights of the incompetent person with emphasis on the due process rights 29
77	82		of the incompetent person. 30
78	83		(3) The available resources to aid the incompetent person. 31
79	84		(4) An orientation to medical terminology, particularly that related to the 32
80	85		diagnostic and assessment procedures used to characterize the extent and 33
81	86		reversibility of any impairment. 34
82	87		(5) Entitlements and other benefits available to the incompetent person. 35
83	88		(6) Psychological and social concerns relating to incompetent persons. 36
84	89		(c) The clerk may, in the clerk's discretion, grant a partial or complete waiver of the 37
85	90		training requirements of subsection (b) of this section, or expand those training requirements, 38
86	91		based upon the clerk's consideration of at least each of the following: 39
87	92		(1) The experience and education of the guardian ad litem with respect to the 40
88	93		training requirements of subsection (b) of this section. 41
89	94		(2) The duties and responsibilities of the guardian ad litem. 42
90	95		(3) The needs of the incompetent person." 43
91	96		SECTION 2. This act becomes effective January 1, 2026, and applies to 44
92	97		appointments of guardians and guardians ad litem made on or after that date. 45