Conference report makes the following changes to the 2nd edition.

Part I.

Specifies that changes to GS 48-1-101 (definitions of State adoption statute), GS 48-1-106 (pertaining to legal effect of adoption decree), and GS 48-5-101 (who must join in the petition) are effective January 1, 2024.

Part II.

Makes organizational changes to GS 48-3-303(c)(12) (pertaining to redactions from preplacement assessments).  Specifies that changes to GS 48-3-202(b) and GS 48-3-303(c)(12) are effective January 1, 2024.

Part III.

Specifies that changes to procedures for relinquishment of a minor for adoption under GS 48-3-702 become effective January 1, 2024.

Part IV.

Deletes proposed new GS 7B-302.1 (pertaining to conflicts of interest in juvenile matters) and replaces it with the following.

Amends GS 10B-38 as enacted by SL 2023-57, to authorize (was, require) all notaries to maintain a journal of all notarial acts in accordance with rules adopted by the NC Secretary of State. 

Amends GS 10B-134.15(a), as amended by SL 2023-57 to clarify that electronic notaries who perform a remote electronic notarization must enter information about that notarization in an electronic journal notwithstanding GS 10B-38.  Effective July 1, 2024.

Part V.

Deletes the proposed changes to GS 7B-602.

Amends GS 35A-1264 (pertaining to annual accounts by guardians of property the guardian received) to require guardian to submit annual reports at the end of a fiscal year term selected by the guardian upon the filing of the initial annual account, or, if made in a subsequent year, with the permission of the clerk. Specifies that the fiscal year term must be at least 11 months but no more than 12 months from the date of the guardian’s qualification or appointment. (Currently, requires annual filing within 30 days after the expiration of one year from the date of the guardian's qualification or appointment.) Allows the time for filing the annual account to be extended by the clerk. Makes accounts due within 30 days after the close of the fiscal year selected and annually thereafter. Requires the clerk to carefully review and audit the annual account and if approved, endorse the account and cause it to be recorded. Makes language gender neutral. Makes technical changes.  Applies to annual account filings made on or after January 1, 2024.

Part VI.

Amends GS 32C-1-116 (pertaining to jurisdiction of Superior Court over causes of action related to guardianship) to clarify that the court must dismiss a case filed under its enumerated jurisdiction if a motion is submitted by a principal who the court determines is not incapacitated individually and not through an agent. (Currently, law only refers to a motion by the principal.)

Part VII.

Amends the definitions of incompetent child and incompetent adult in GS 35A-1101 (definitions applicable to incompetence proceedings) to clarify that neither party lacks capacity if, by means of a less restrictive alternative, he or she is able to sufficiently (1) manage his or her affairs and (2) communicate important decisions concerning his or her person, family, and property. Adds definition of less restrictive alternative (an arrangement enabling a respondent to manage his or her affairs or to make or communicate important decisions concerning his or her person, property, and family that restricts fewer rights of the respondent than would the adjudication of incompetency and appointment of a guardian. The term includes supported decision making, appropriate and available technological assistance, appointment of a representative payee, and appointment of an agent by the respondent, including appointment under a power of attorney for health care or power of attorney for finances).

Amends GS 35A-1106 (contents of a petition to determine competency) to require the petition to include a statement identifying what less restrictive alternatives have been considered prior to seeking adjudication and why they are insufficient to meet the needs of the respondent. Makes technical changes and terms gender neutral.

Enacts new GS 35A-1117, pertaining to notice of rights of the respondent in proceedings under GS Chapter 35A (Incompetency and Guardianship), requiring that every respondent be given a notice of rights as specified. Sets forth required language that must be conspicuously set forth to the respondent in a substantially similar way in the notice. Makes conforming changes to GS 35A-1107 (pertaining to right to counsel or guardian ad litem), GS 35A-1108 (issuance of notice), GS 35A-1109 (service of notice and petition), and GS 35A-1217 (appointment of guardian ad litem for incompetent ward) to refer to the notice specified above. 

Amends GS 35A-1108 to require the hearing on the petition be held no less than 10 days nor more than 30 days after service of the notice of rights and the petition and initial notice of hearing (was, service of notice of petition only). Amends GS 35A-1109 to require the initial notice of hearing be mailed to the respondent's next of kin and other designated persons.

Amends GS 35A-1116 (pertaining to costs and fees) to allow for costs to be apportioned among the parties in the alternative to be taxed against any party. Removes language in the statute authorizing petitioner’s counsel fees to be taxed against a party as costs.  Directs the court to tax costs incurred by any party against the respondent if those costs were incurred for the benefit of the respondent, unless doing so would be inequitable. Specifies that if the respondent is indigent, then the costs are waived if not taxed against a party other than respondent. (Currently, refers to costs being assessed against the petitioner.) Makes technical changes. 

Amends GS 35A-1201 (purpose of guardian and ward statutes) to specify that (1) for adults, guardianship should always be a last resort and should only be imposed after less restrictive alternatives have been considered and found to be insufficient to meet the adult’s needs and (2) filing regular status reports by the guardian on the person's conditions and welfare are encouraged and should be required where appropriate. Amends GS 35A-1207 (motions in the cause) to allow the clerk, on their own motion, to file a motion for modification of the order appointing (a) guardian(s) or consideration of any matter pertaining to the guardianship. (Currently, only any interested person may file such motions.) Amends GS 35A-1214 to give first priority of appointment to an individual or entity nominated under GS 32C-1-108(a) (guardian nominated in a duly executed power of attorney) or GS 32A-22(b) (guardian nominated in a duly executed health care power of attorney). Makes technical changes. Amends GS 35A-1242 (status reports for incompetent wards) to require a person’s guardian(s), upon knowledge of the ward’s change of residence, to file a notice of change of the ward’s address with the court within 30 days. Specifies content for notice.

Applies to petitions filed on or after January 1, 2024.

Makes conforming changes to act’s long and short titles.