Bill Text: NC H543 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Guardianship Roles of MHDDSA Providers

Spectrum: Slight Partisan Bill (Republican 7-4)

Status: (Passed) 2013-07-10 - Ch. SL 2013-258 [H543 Detail]

Download: North_Carolina-2013-H543-Amended.html

---

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

H                                                                                                                                                    1

HOUSE BILL 543

 

 

Short Title:        MHDDSA Providers As Uncompensated Guardians.		(Public)
Sponsors:	Representatives Jones, Avila, Glazier, and Turner (Primary Sponsors). For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site.
Referred to:	Judiciary Subcommittee A.

April 4, 2013

A BILL TO BE ENTITLED

AN ACT allowing providers of mental health, developmental disabilities, or substance abuse services to serve as uncompensated, court‑appointed guardians to unrelated clients.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 35A‑1213(f) reads as rewritten:

"(f)       An individual who contracts with or is employed by an entity that contracts with a local management entity (LME) for the delivery of mental health, developmental disabilities, and substance abuse services may not serve as a guardian for a ward for whom the individual or entity is providing these services, unless the individualindividual (i) is a parent of that ward. The prohibition provided in this subsection shall not apply to that ward, (ii) is a member of the ward's immediate family who is under contract with a local management entity (LME) for the delivery of mental health, developmental disabilities, and substance abuse services and is serving as a guardian as of January 1, 2013. 2013, or (iii) is not biologically related to the ward, and is appointed by the court and serving as a guardian without compensation for guardianship services. For the purposes of this subsection, the term "immediate family" is defined as a spouse, child, sibling, parent, grandparent, or grandchild. The term also includes stepparents, stepchildren, stepsiblings, and adoptive relationships."

SECTION 2.  This act is effective when it becomes law.