Bill Summary for H 817 (2015-2016)

Printer-friendly: Click to view

Summary date: 

Jun 8 2016

Bill Information:

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.

View: All Summaries for BillTracking:

Bill summary

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.