Archive

• What’s the Status of North Carolina’s Minor’s Consent Law After S.L. 2023-106?

  This entry was contributed by Sara DePasquale on August 28, 2023 at 7:56 am and is filed under Juvenile Law.

  This post is written by my colleague, Kirsten Leloudis, and is cross-posted on the School’s Coates Canons Blog.

  On August 16, 2023, Session Law (S.L.) 2023-106 was passed after a legislative override of the Governor’s veto. Part 1 of the session law establishes a “Parent’s Bill of Rights,” Part 2 outlines new requirements related to parents’ involvement in their child’s education, and Part 3- the focus of this blog post- codifies standards for obtaining parental consent for treatment of minors. Since the law’s passage, many have asked: “What’s the status of North Carolina’s minor’s consent law, G.S. 90-21.5(a), in light of the new requirements in S.L. 2023-106, Part 3 addressing parents’ rights?” Let’s discuss! Continue Reading

• You May Not Need that Guardian of the Estate After All: Other Methods of Distributing Property to Minors

  This entry was contributed by Meredith Smith on February 2, 2019 at 1:42 am and is filed under Estates.

  A guardian of the estate for any unemancipated minor may be appointed under G.S. Chapter 35A to receive and administer property on the minor’s behalf.  G.S. 35A-1221; G.S. 35A-1251; G.S. 35A-1202(12) (requiring also that the minor must not be married).  This is because such minors are legally incompetent to transact business or give consent for most purposes.  G.S. 35A-1201(a)(6); see G.S. 7B-3507 (rights of emancipated minors).  Unemancipated minors therefore need responsible, accountable adults to handle property or benefits to which they are entitled.  Id. 

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