Guardianship Services Manual - NC

1 Guardianship Services Manual Division of Aging and Adult Services Manual North Carolina Division of Aging and Adult Services Family Services Manual Volume V: Adult and Family Services Chapter VIII: Guardianship TABLE OF CONTENTS 5-1-05 TOPIC SECTION PAGE I. Introduction 6600 II. Planning for Guardianship and Guardianship Proceedings 6610 A. Population Covered by Guardianship Laws 1 B.

2 Criteria for Determining Whether or Not A Guardian Is Needed 1 1. Definition of Incompetency 1 2. Alternatives to Guardianship 3 C. Development of a Guardianship Plan 5 1. Review of Person s Mental and Physical Condition 5 2. Examination and Inventory of Person s Financial Resources 6 3. Types of Guardianship Which May Be Requested 8 4. Scope of Guardian s Authority 12 5. Recommendation of Whom Should Be Appointed Guardian(s) 14 D. Proceedings to Determine Incompetence 20 1. Venue 20 2. Petition 22 3. Issuance and Service of Notice 25 4. Multidisciplinary Evaluation 26 5.

3 Hearing on Petition for Adjudication 29 North Carolina Division of Aging and Adult Services Family Services Manual Volume V: Adult and Family Services Chapter VIII: Guardianship TABLE OF CONTENTS 5-1-05 TOPIC SECTION PAGE E. Appointment of Guardian 32 F.

4 Interim Guardianship 37 G. Restoration of Competency 41 H. Removal and Resignation of Guardians; Estates Without Guardians 43 III. Authority and Responsibility of the Guardian 6620 A. Guardian of the Person 3 1. Clerk s Order 4 2. Authority and Responsibility of Guardian of the Person 5 a. Custody of ward s person; care, comfort and maintenance of ward 5 b. Ward s place of abode 8 c. Consent or approval for professional care, counsel treatment or serviceError! Bookmark not defined. d. Authority and Responsibility Regarding Death of Ward 24 e. Responsibility to Make Status Reports 28 3.

5 Guardian s Reimbursement for Expenses 30 4. Coordination between Guardian of Person and Guardian of Estate 31 5. Inter-County Cooperation 31 North Carolina Division of Aging and Adult Services Family Services Manual Volume V: Adult and Family Services Chapter VIII: Guardianship TABLE OF CONTENTS 5-1-05 TOPIC SECTION PAGE B.

6 Guardian of the Estate 43 1. Clerk s Order 44 2. Authority and Responsibility of Guardian of the Estate 45 a. Management of ward s estate 45 b. Advancements of income to certain parties 51 3. Coordination with Guardian of the Person 52 4. Responsibilities on Death of Ward 53 5. Responsibility to File Accounts with the Clerk of Court 54 C. Duties as Required by DHHS Administrative Rules 58 IV. Liability of the Guardian 6630 A. Guardian of the Person 1 B. Guardian of the Estate 2 C. Delegation of Duties to Staff 3 V. Bonds and Insurance 6640 A. Bond 1 1.

7 Who Must Post Bond 1 2. Terms and Conditions of Bond 2 3. DHHS Blanket Bond 5 North Carolina Division of Aging and Adult Services Family Services Manual Volume V: Adult and Family Services Chapter VIII: Guardianship TABLE OF CONTENTS 5-1-05 TOPIC SECTION PAGE 4.

8 Posting of Bond 7 B. Liability Insurance 8 1. Purpose of Insurance 8 2. Obtaining Liability Insurance Coverage 8 VI. Record-Keeping 6650 A. Central Registry of Guardianships Held by the Agency 1 B. Master Index 2 C. Individual Case Record 3 VII. Private Organizations Established to Serve as Guardian 6660 VIII. Legal Alternatives and Supplements 6670 A. Introduction 1 B. Civil Commitments 1 1. Statutory Requirements for Voluntary Admissions and Discharges 1 2. Statutory Requirements for Involuntary Commitments 2 C.

9 Powers of Attorney 5 D. Advance Directives 10 E. Substitute Payee 12 North Carolina Division of Aging and Adult Services Family Services Manual Volume V: Adult and Family Services Chapter VIII: Guardianship Appendices 5-1-05 IX. Appendices A. Chapter 35A: Incompetency and Guardianship , Subchapters I, II, and III B. Forms for Petitions and Orders C. DHHS-7016, Notification of Appointment of Disinterested Public Agent Guardian D.

10 Sample Status Report Form E. Sample Certificate of Receipt of Status Report F. Financial Report Form: AOC-E-506, Account G. Social Work Practice Guidelines for Multidisciplinary Evaluations of Developmentally Disabled Adults for North Carolina Guardianship H. 122C-3(14), Definition of Facility from Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 I. Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985, Excerpts from Article 5, Procedures for Admission and Discharge of Clients J. AOC Forms for Involuntary Commitment K. 90-Article 23, Right to Natural Death; Brain Death (Living Will), and statutory form.