When an incompetency proceeding is filed pursuant to Chapter 35A of the North Carolina General Statutes (“Ch. 35A”) alleging that an adult is incompetent, that adult—known as the respondent in the proceeding—is entitled to be represented by counsel of their own choosing or by an attorney who is appointed as the respondent’s guardian ad litem (“GAL”). G.S. 35A-1107. To fulfill their duties, GALs may need access to records held by third parties, including, for example, medical and mental health providers. Common misconceptions exist, however, about a Ch. 35A GAL’s authority to obtain access to such records, and GALs must be mindful of any applicable legal requirements and their professional and ethical duties as licensed attorneys in North Carolina. The types of records and the corresponding confidentiality and disclosure requirements for each are too vast to fully explore here. Instead, this post examines the authority of the GAL to access records held by third parties generally and offers a framework for navigating these issues.
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Tag: guardianship
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Statutory Case Review Multidisciplinary Teams: S.L. 2025-23 Provides a New Model for Protecting Vulnerable Adults
*This post is co-authored with my colleague, Kristi Nickodem.
For years, local stakeholders in North Carolina have been forming adult protective multidisciplinary teams (MDTs)—groups of professionals from different disciplines who find ways to prevent and respond to abuse, neglect, and exploitation of vulnerable adults. Effective October 1, Session Law 2025-23 authorizes each North Carolina county to form a “Case Review Multidisciplinary Team,” whose members will be legally permitted to share confidential information with each other as necessary to investigate, review, and coordinate services for active adult protective services cases. The stated public policy of this new law recognizes that professionals from disparate disciplines have expertise that can promote the safety and well-being of disabled adults and older adults and prevent re-victimization. G.S. 108A-118(a). This blog post explains the requirements of the new law and addresses some frequently asked questions. If you are interested in learning more about S.L. 2025-23, we also have a one-hour webinar that is available for free on demand.
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The Fostering Care in NC Act: Changes to Child Welfare and DSS that Are Effective Now
On June 26, 2025, H612 was signed by the Governor and became S.L. 2025-16. This session law makes significant amendments to the laws addressing juvenile abuse, neglect, and dependency (A/N/D) and the oversight provided by the North Carolina Department of Health and Human Services (NCDHHS) over county departments of social services (DSS). The session law also affects termination of parental rights, adoptions of minors, permanent no contact orders, felony child abuse, and criminal history checks for applicants for city and county jobs that involve working with children. Finally, this session law enacts a guardianship assistance program for certain children who were in DSS custody when guardianship was ordered. The various sections of this significant 32-page session law have different effective dates, with some sections effective on June 26, 2025 and others not effective until as late as April 1, 2026. This blog only summarizes the changes that are effective now. Continue Reading
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Introducing a New Flow Chart for Adult Protective Services Court Proceedings
Navigating the legal requirements applicable to adult protective services (APS) court proceedings can be challenging, given the expedited nature of the cases, the different types of orders the court may issue, and the varying legal standards and timelines that apply to each order. The urgent and often emergency-driven nature of APS cases adds further complexity to the process. That’s why we developed a new resource designed to assist county department of social services (DSS) directors, social workers, and attorneys—along with court officials and other professionals involved in APS —better understand the essential steps in a court proceeding to obtain an order for APS protective and emergency services.
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The 2024 Adult Protection Multidisciplinary Team Booster Shot Series: Key Takeaways
*This post was written by Adult Protection Network Director Kristy Preston.
Earlier this year, the UNC School of Government’s Adult Protection Network held six training events known as the “2024 Adult Protection Multidisciplinary Team Booster Shot Series” in regional locations across North Carolina including Transylvania, Alexander, Guilford, Robeson, Onslow, and Beaufort counties. The series aimed to foster collaboration, share resources, and address common challenges faced by adult protection multidisciplinary teams (MDTs). An MDT is a group of professionals in a geographic region who commit to working together toward a common goal. An adult protection MDT works to find ways to prevent and respond to adult abuse, including physical, emotional, and sexual abuse, self-neglect and caretaker neglect, and exploitation, including financial exploitation.
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New Resources for Protecting Vulnerable Adults in North Carolina
In state fiscal year 2022-2023, county departments of social services in North Carolina received 35,400 reports alleging the abuse, neglect, or exploitation of vulnerable adults. Fifty-six counties across the state have addressed this problem through creating adult protection multidisciplinary teams (MDTs)—groups of professionals from different disciplines who work together to prevent and respond to abuse, neglect, and exploitation of disabled and/or older adults. An additional 38 North Carolina counties are currently working to form adult protection MDTs. The School of Government’s Adult Protection Network is excited to announce a redesigned Adult Protection Network website with new resources for those in the adult protection field, including new online trainings and an MDT Toolkit with template documents for adult protection MDTs.
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Less Restrictive Alternatives and Incompetency Restoration Proceedings
In North Carolina, when an adult is adjudicated incompetent and guardianship is ordered, guardianship is permanent until the first of these two developments occur: (i) the ward’s competency is restored, or (ii) the ward dies. G.S. 35A-1295(a).
The recently enacted Session Law 2023-124 amended the definition of incompetency and introduced requirements to ensure the consideration of less restrictive alternatives (LRAs) before a petition for incompetency can be granted. These statutory changes are born out of a recognition of the seriousness of declaring someone incompetent, and to encourage, where appropriate, the use of alternative arrangements that impose less restrictions than plenary guardianship. The changes are effective as to petitions filed on or after January 1, 2024.
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Guardians: Don’t Forget to File a Notice of Change of Address with the Court
Adult guardianship law in North Carolina underwent several significant changes effective January 1, 2024. My colleague, Timothy Heinle, and I previously blogged about two of these changes resulting from Session Law 2023-124, available here (notice of rights) and here (less restrictive alternatives). One change that may have slipped under your radar is found in G.S. 35A-1242(e) and imposes a new obligation on guardians to file a notice of change of address with the court.
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Change is Coming: The Consideration of Less Restrictive Alternatives in Adult Guardianship Proceedings Mandated by S.L. 2023-124
Significant changes are on the way for individuals, legal practitioners, and public officials involved in North Carolina incompetency and adult guardianship proceedings. The recently enacted Session Law 2023-124 mandates the consideration of less restrictive alternatives (LRAs) to guardianship prior to an adjudication of incompetency. There is a lot to cover on this topic; more than can fit in a single blog post. As a result, this post will focus on (i) introducing the statutory changes brought about by this new law and (ii) highlighting some key things the parties and the court will need to do differently with respect to petitions filed on or after January 1, 2024. S.L. 2023-124, sec. 7.13.
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S.L. 2023-124: Changes to Guardianship Statutes, Notice of Rights, and Details on Upcoming SOG Resources
On September 20, 2023, Senate Bill 615 became Session Law 2023-124, enacting a significant number of changes to North Carolina’s existing incompetency and guardianship laws. The changes modified the definitions in G.S. Chapter 35A of key terms, added a requirement of all parties and the court to consider less restrictive alternatives to guardianship, created a new notice of rights (and with it, new obligations for guardian ad litem attorneys (GALs) and others), changed the standards applicable to the assessment of costs and fees, and more. This post will explore one of these changes, the new notice of rights requirement, and will consider the practical implications for GALS. At the end of this post, you will find information about upcoming School of Government blog posts and webinars on the legislative changes resulting from S.L. 2023-124.
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