North Carolina General Statutes 35A-1375. Determination of incapacity or debilitation
(a) If requested by the petitioner, designator, or standby guardian, an attending physician shall make a determination regarding the incapacity or debilitation of the petitioner or designator for purposes of this Article.
(b) A determination of incapacity or debilitation shall:
(1) Be made by the attending physician to a reasonable degree of medical certainty;
Terms Used In North Carolina General Statutes 35A-1375
- 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.
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
(2) Be in writing; and
(3) Contain the attending physician’s opinion regarding the cause and nature of the incapacity or debilitation, as well as its extent and probable duration.
(c) The attending physician shall provide a copy of the determination of incapacity or debilitation to the standby guardian, if the standby guardian’s identity is known to the physician.
(d) The standby guardian shall ensure that the petitioner or designator is informed of the commencement of the standby guardian’s authority as a result of a determination of incapacity or debilitation and of the possibility of a future suspension of the standby guardian’s authority pursuant to N.C. Gen. Stat. § 35A-1376 (1995, c. 313, s. 1.)