North Carolina General Statutes 35A-1242. Status reports for incompetent wards
(a) Any corporation or disinterested public agent that is guardian of the person for an incompetent person, within six months after being appointed, shall file an initial status report with the clerk and submit a copy of the initial status report to the designated agency, if there is one. Such guardian shall file a second status report with the clerk one year after being appointed, and subsequent reports annually thereafter. The clerk may order any other guardian of the person to file status reports. If a guardian required by this section to file a status report is employed by the designated agency, the guardian shall file any required status report with the clerk and submit a copy of the status report to the designated agency.
(a1) Each status report shall include all of the following:
(1) A report or summary of recent medical and dental examinations of the ward by one or more physicians and dentists. In instances when the guardian has made diligent but unsuccessful attempts to secure this information, the guardian shall include in the status report an explanation and documentation of all actions taken to attempt to secure this information.
Terms Used In North Carolina General Statutes 35A-1242
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Oversight: Committee review of the activities of a Federal agency or program.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) A report on the guardian’s performance of the duties set forth in this Chapter and in the clerk’s order appointing the guardian.
(3) A report on the ward’s residence, education, employment, and rehabilitation or habilitation.
(4) A report of the guardian’s efforts to restore competency.
(5) A report of the guardian’s efforts to seek alternatives to guardianship.
(6) If the guardian is a disinterested public agent or corporation, a report of the efforts to identify alternative guardians.
(7) The guardian’s recommendations for implementing a more limited guardianship, preserving for the ward the opportunity to exercise rights that are within the ward’s comprehension and judgment.
(8) Any additional reports or information required by the clerk.
(a2) The guardian may include in each status report additional information pertaining to the ward’s best interests.
(b) Each status report shall be filed (i) under the guardian’s oath or affirmation that the report is complete and accurate so far as the guardian is informed and can determine or (ii) with the signature of a disinterested, competent witness to a statement by the guardian that the report is complete and accurate so far as the guardian is informed and can determine. Status reports filed with the signature of a disinterested, competent witness shall include the full name, address, and telephone number of the witness.
(b1) The clerk shall make status reports submitted by corporations or disinterested public agents available to the Director, or the Director’s designee, of the Division of Aging and Adult Services within the Department of Health and Human Services. The Director, or the Director’s designee, shall review the status reports in connection with the Department’s regular program of oversight for these categories of guardians.
(c) A clerk or designated agency that receives a status report shall not make the status report available to anyone other than the guardian, the ward, the court, or State or local human services agencies providing services to the ward.
(d) The clerk, on the clerk’s own motion, or any interested party, may file a motion in the cause pursuant to N.C. Gen. Stat. § 35A-1207 with the clerk in the county where the guardianship is filed to request modification of the order appointing the guardian or guardians or for consideration of any matters contained in the status report. (1987, c. 550, s. 1; 2014-100, s. 12D.4(b).)