ENACT UNIFORM LAW ON ADULT GUARDIANSHIP.

View NCGA Bill Details2015-2016 Session
House Bill 817 (Public) Filed Tuesday, April 14, 2015
AN ACT ENACTING THE UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT OF 2016.
Intro. by Turner, Meyer.

Status: Ch. SL 2016-72 (House Action) (Jun 30 2016)

SOG comments (1):

Long title change

Senate committee substitute to the 1st edition changed the long title. The original long title was AN ACT ENACTING THE UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT OF 2015.

Bill History:

H 817/S.L. 2016-72

Bill Summaries:

  • Summary date: Jul 7 2016 - More information

    AN ACT ENACTING THE UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT OF 2016. Enacted June 30, 2016. Effective December 1, 2016.


  • Summary date: Jun 8 2016 - More information

    Senate amendment makes the following changes to the 2nd edition.

    Amends various sections of the proposed Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, first including findings and provisions stating the legislative purpose of the act is to clarify the ambiguity in the law concerning jurisdiction in guardianship proceedings when more than one state is involved. Furthermore the enactment of these provisions is meant to provide clear direction to courts, attorneys, guardians, and individuals in respect to proper jurisdiction for guardianship proceedings. Provides that the act is limited in scope to jurisdiction and does not affect the established system in North Carolina for determining incompetency, appointing guardianship, or managing estates found in GS Chapter 35A.

    Expands the definitions section to include the terms court, general guardian, incompetency order, and incompetency proceeding. Further amends previously included terms: incapacitated person, guardian of the estate, guardian of the person, guardianship order, guardianship proceeding party, protected person, protective order, protective proceeding, and respondent.  

    Expands the provisions detailing proceedings governed by other law, providing that protective services proceedings for disabled and older adults, and domestic violence and civil no-contact proceedings, are not governed by the provisions of this act. 

    Amendment further amends proposed GS 35B-6 through GS 35B-21 of the act to include and apply the provisions of the act to the adjudication of incompetency proceedings (previously the act did not include or govern incompetency proceedings and only referred to guardianship and protective proceedings). Furthermore, the amendment expands the use and reference to the different types of guardianship provided for and as defined in the act. Makes conforming and clarifying changes that provide that where previously provisions included and applied to a guardian or guardian of the estate, such provisions now reference and apply to a general guardian, guardian of the person, or guardian of the estate, as these terms are defined. 

    Enacts new GS 35B-17(f), providing for the issuance of a provisional order granting a petition to transfer an incompetency proceeding or general guardianship if the court is satisfied with specified findings and that the general guardianship will be accepted by a court in another state. 

    Repeals GS 35A-1113, Hearing when incompetence determined in another state.

    Adds provisions to provide that nothing in this act can be construed to affect requirements for seeking an ancillary guardianship pursuant to GS 35A-1280 or for the petitioning of the court for the removal of personalty from the State under GS 35A-1281. 


  • Summary date: May 26 2016 - More information

    Senate committee substitute makes the following changes to the 1st edition.

    Amends GS 35B-10, concerning jurisdiction to appoint a guardian or issue a protective order, to provide that a court of this State has jurisdiction if one of the specified criteria is met (was, if all of the specified criteria was met).

    Changes the effective date of the act from December 1, 2015, to December 1, 2016, and makes conforming changes.

    Updates the act's long title.


  • Summary date: Apr 17 2015 - More information

    Enacts GS Chapter 35B, entitled Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.

    Enacts GS 35B-1 through 35B-23 adopting the uniform act in its entirety.

    Enacts GS 35B-1, which identifies the short title of the Chapter as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.

    Enacts GS 35B-2 to provide definitions applicable to GS Chapter 35B.

    Enacts GS 35B-3 to exclude the application of GS Chapter 35B to guardianship proceedings of minors and guardianship proceedings invoking only North Carolina jurisdiction.

    Enacts GS 35B-4 to provide that foreign countries are treated as if they were states for purposes of the Chapter.

    Enacts GS 35B-5 to provide for communication between courts.  North Carolina courts may communicate with other courts concerning a proceeding arising under Chapter 35B.  The court may allow the parties to participate in the communication and must make a record of the communication, which may be limited to the fact that the communication occurred.  A court is not required to keep records of administrative communications pertaining to scheduling, calendars, and court records, for example.

    Enacts GS 35B-6 to allow a North Carolina court to request that an out-of-state court (1) hold an evidentiary hearing; (2) order a person in the state give testimony or produce evidence; (3) order an evaluation of the respondent in another state; (4) order investigations of a person; (5) share court records, evidence, and evaluations and assessments arising from related proceedings; (6) order the appearance of a person; and (7) order release of medical, financial, criminal or other relevant information in that state.  Also allows courts of North Carolina to enter similar orders to assist other states in the same manner.

    Enacts GS 35B-7 to provide that testimony of a witness located in another state may be taken in that state by deposition or other legal means--including by telephone, audiovisual, or other electronic means--and such testimony may not be excluded on the basis of the best evidence rule.  A North Carolina court on its own motion may also order that such testimony is taken in another state on the terms and in the manner in which the North Carolina court prescribes.

    Enacts GS 35B-8 to provide for definitions of emergency, home state, and significant-connection state.  Provides that a court shall consider the following factors in determining whether a respondent has a significant connection with a particular state: (1) location of the respondent’s family and other persons required to be notified of the guardianship proceeding, (2) length of presence in and absence from the state, (3) location of respondent’s property, and (4) extent of contacts with the state.

    Enacts GS 35B-9 to define the exclusive jurisdictional basis for the appointment of a guardian of the person and a guardian of the estate in North Carolina.

    Enacts GS 35B-10 to set forth a three-level priority for the appointment of a guardian of the person or guardian of the estate.  First priority is given to the respondent’s home state, then to the respondent’s significant connection state, and finally to the state where the action is filed, provided that the home state or the significant connection state have declined to exercise jurisdiction and jurisdiction is otherwise appropriate under the laws of the state and the United States.  A state may also have jurisdiction as a special jurisdiction state as set forth in GS 35B-11.

    Enacts GS 35B-11 to provide that a state that does not meet the criteria for jurisdiction under GS 35B-10 may still exercise jurisdiction for limited purposes, including (1) emergency, (2) protective orders for real and personal property, and (3) provisional transfer.  If an emergency petition is brought in North Carolina and North Carolina is not the home state of the respondent on the petition date, then the court shall dismiss the proceeding at the request of the home state.

    Enacts GS 35B-12 to provide that a court that appoints a guardian of the person or a guardian of the estate under this Chapter has continuing and exclusive jurisdiction over the proceeding until the guardianship is terminated by the court or the order expires by its own terms.

    Enacts GS 35B-13 to allow a court with jurisdiction under GS 35B-10 to decline to exercise jurisdiction if another court is a more appropriate forum and to require the court to dismiss or stay the proceeding in such event.  In determining whether the court is an appropriate forum, the court shall consider: (1) the respondent’s express wishes; (2) whether abuse, neglect, or exploitation has occurred or is likely to occur and which court is best positioned to protect the respondent from it; (3) the length of time the respondent was present in and/or resident of this or another state; (4) the distance of the respondent from the court in each state; (5) the respondent’s financial condition; (6) the nature and location of the evidence; (7) the ability of each court to decide the matter expeditiously; (8) the familiarity of the court in each state with the facts and circumstances of the case; and (9) the court’s ability to monitor the guardian post-appointment.

    Enacts GS 35B-14 to give the court authority to create an appropriate remedy when the court acquired jurisdiction because of unjustifiable conduct by: (1) declining to exercise jurisdiction; (2) exercising jurisdiction for the limited purpose of ensuring the health, safety, and welfare of the respondent or the respondent’s property or to prevent a repeat of unjustifiable conduct, which may include staying the proceeding until a petition is filed in another state; and/or (3) continuing to exercise jurisdiction after considering certain factors listed therein.  The court may assess costs and expenses, including attorneys’ fees against a party whose conduct caused the court to acquire jurisdiction unjustifiably.

    Enacts GS 35B-15 to require notice of the filing of the petition to be made in accordance with the laws of the respondent’s home state if the state where the petition is filed is not the respondent’s home state.

    Enacts GS 35B-16 to set forth the procedure when multiple petitions are filed and remain pending in multiple states.  If the court acquires jurisdiction under GS 35B-10, then the court may proceed with the case unless a court in another state also acquires jurisdiction under GS 35B-10.  If the court does not have jurisdiction under GS 35B-10, then the court must stay the proceeding and communicate with the court in the other state.  The court that does not have jurisdiction and is not the appropriate forum shall dismiss the petition.

    Enacts GS 35B-17 to prescribe the procedure for transfer of the guardianship of the estate or guardianship of the person to another state.

    Enacts GS 35B-18 to prescribe the procedure for transfer of the guardianship of the estate or guardianship of the person into this state.

    Enacts GS 35B-19 to set forth the procedure for registration of guardian of the person orders from other states by filing certified copies of the order and letters of office as a foreign judgment in North Carolina, after giving notice of an intent to register to the appointing court.

    Enacts GS 35B-20 to set forth the procedure for registration of guardian of the estate orders from other states by filing certified copies of the order and letters of office as a foreign judgment in North Carolina, after giving notice of an intent to register to the appointing court.

    Enacts GS 35B-21 to set forth the effect of registration of an out of state order in this state, which would allow the guardian of the person or the guardian of the estate to exercise all powers authorized in the order of appointment except as prohibited under the laws of North Carolina.   Allows a court of this state to grant relief available under the laws of North Carolina to enforce a registered order.

    Enacts GS 35B-22 to provide for the promotion of uniformity in applying and construing the Chapter.

    Enacts GS 35B-23 to define the relationship of the Chapter with the electronic signatures in the Global and National Commerce Act.  

    Effective December 1, 2015.


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