Bill Summaries: S475 WENDY WILLIAMS'S LAW.

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  • Summary date: Mar 25 2025 - View Summary

    Amends GS 35A-1217, concerning the appointment of a guardian ad litem for an incompetent ward, as follows. Requires the guardian ad litem to have completed a training program, including at minimum of each of six listed subjects, including the rights of the incompetent person with emphasis on the due process rights of the incompetent persons, available resources to assist incompetent persons, and the legal duties and responsibilities of the guardian ad litem. Grants the clerk discretion to partially or completely waive the training requirements or expand those training requirements, based upon the clerk's consideration of at least each of the following: (1) the experience and education of the guardian with respect to those training requirements; (2) the duties and responsibilities of the guardian ad litem; and (3) the needs of the incompetent person.

    Makes conforming, technical and organizational changes to GS 35A-1215 (clerk’s order and letters of appointment of guardian for an incompetent person). Requires a training be completed within six months of appointment that covers five topics, including the preparation of status reports, annual accounts, and other reports required under Article 5 of GS Chapter 35A, including financial accounting for the property and financial resources of the incompetent person.

    Requires the Secretary of the Department of Health and Human Services to adopt rules covering the training requirements under GS 35A-1215.

    Effective January 1, 2026, and applies to appointments of guardians and guardians ad litem made on or after that date.