GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	1 

SENATE BILL 872

Short Title:  Guardianship Changes.	(Public)

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Sponsors: Senator Dannelly.

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Referred to:  Children and Human Resources

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April 27, 1995

A BILL TO BE ENTITLED
AN ACT TO SUPPORT THE APPOINTMENT OF FAMILIES AND INDIVIDUALS AS GUARDIANS, TO SUPPORT THE EXPANSION AND DEVELOPMENT OF PRIVATE NONPROFIT CORPORATIONS AS GUARDIANS, TO PROVIDE THAT LOCAL DEPARTMENTS OF SOCIAL SERVICES BE THE ONLY LOCAL HUMAN RESOURCES AGENCY TO SERVE AS GUARDIANS, TO APPROPRIATE FUNDS FOR GUARDIANSHIP SERVICES, AND TO MAKE OTHER CHANGES.
Whereas, the State of North Carolina supports the right of all citizens to have a fully qualified guardian should one be needed; and
Whereas, the State of North Carolina supports the current statutory provisions for appointment of a guardian for an incompetent adult, including the priority order for appointment of guardians; and
Whereas, the appointment of a guardian should be a last resort and alternative solutions should be explored and utilized before a guardian is appointed; and
Whereas, individuals who may be able to serve as guardians for incompetent adults face multiple barriers in doing so and need assistance to overcome these barriers; and
Whereas, corporations currently authorized in North Carolina to provide guardianship are not able to do so throughout the State or for adults who become incompetent due to certain disabilities, conditions, or diseases; and
Whereas, the growth in the need for public agencies to be appointed as guardians, when no individual or corporation is available, has averaged 20% percent since 1989, there is a crisis in the public sector due to this growth; and
Whereas, the current statute provides for area mental health programs, local health departments, and county departments of social services to serve as disinterested public agent guardians, area mental health authorities and health departments find it inappropriate to do so and county departments of social services, which have served 80% of this need, are willing to continue to meet this need; and
Whereas, funding has not been available to support the implementation of a system which promotes the appointment of individuals and corporations, or adequately provides for guardianship services from local human resources agencies; Now, therefore,
The General Assembly of North Carolina enacts:
Section 1.  G.S. 35A-1202(4) reads as rewritten:
"(4)	The term 'disinterested public agent' means:
a.	The director or assistant directors of a county department of social services or area mental health, developmental disabilities, and substance abuse authority;
b.	An adult officer, agent, or employee of a State human resources agency appointed to serve as a guardian prior to July 1, 1995; or
c.	The director or assistant directors of a local health department appointed to serve as a guardian prior to July 1, 1995.
		The fact that a disinterested public agent is employed by a State or local human resources agency that provides financial assistance, services, or treatment to a ward does not disqualify that person from being appointed as guardian."
Sec. 2.  Effective July 1, 1996, G.S. 35A-1202(4), as rewritten by Section 1 of this act, reads as rewritten:
"(4)	The term 'disinterested public agent' means:
a.	The director or assistant directors of a  county department of social services;
b.	An adult officer, agent, or employee of a State human resources agency appointed to serve as a guardian prior to July 1, 1995; or
c.	The director or assistant directors of a local human resources agency, other than a county department of social services, appointed to serve as a guardian prior to July 1, 1996.
		The fact that a disinterested public agent is employed by a State or local human resources agency that provides financial assistance, services, or treatment to a ward does not disqualify that person from being appointed as guardian."
Sec. 3.  G.S. 35A-1213 is amended by adding a new subsection to read:
"( d1)	A disinterested public agent who is a director or assistant director of a local human resources agency other than a county department of social services and who is appointed by the clerk to serve as guardian prior to July 1, 1996, is authorized and required to continue serving as guardian and may not seek the appointment of a different guardian except according to the provisions of subsection (d) of this section."
Sec. 4.  G.S. 35A-1216 reads as rewritten:
"§ 35A-1216. Duties of Secretary of Human Resources.
(a)	The Secretary of the Department of Human Resources shall issue rules and regulations for the implementation of the guardianship responsibilities of disinterested public agents.  The rules and regulations shall provide, among other things, that disinterested public agents shall undertake or have received training concerning the powers and responsibilities of guardians, and shall include procedures developed by the Secretary to handle and avoid conflicts of interest in the delivery of guardianship services.
(b)	The Secretary shall promote the use of family members and other individuals and corporations as guardians and shall provide training for family members and individuals as guardians. The Secretary shall provide information on the resources available to guardians in meeting the needs of their wards and shall develop and distribute written materials on the filing of a petition for incompetence and the roles and responsibilities of guardians.
(c)	The Division of Social Services shall administer the rules and regulations issued under this section and shall establish written agreements as appropriate with other Divisions in the Department regarding their involvement in the promotion of family members and other individuals and corporations to serve as guardians.
(d)	Budget requests submitted by the Department to the Governor pursuant to Article 1 of Chapter 143 of the General Statutes shall reflect the order of priority for guardianship appointment as contained in G.S. 35A-1214."
Sec. 5. There is appropriated from the General Fund to the Department of Human Resources, Division of Social Services, the sum of one million eighty thousand dollars ($1,080,000) for the 1995-96 fiscal year and the sum of one million five hundred thousand dollars ($1,500,000) for the 1996-97 fiscal year to be used to expand existing private nonprofit guardianship corporations and to develop new private nonprofit guardianship corporations.
Sec. 6. There is appropriated from the General Fund to the Department of Human Resources, the sum of one hundred forty-five thousand eight hundred fifty dollars ($145,850) for the 1995-96 fiscal year and the sum of one hundred forty-two thousand four hundred forty dollars ($142,440) for the 1996-97 fiscal year. Of the funds appropriated under this section, the Division of Social Services shall receive eighty-five thousand eight hundred fifty dollars ($85,850) for the 1995-96 fiscal year and the sum of eighty-two thousand four hundred forty dollars ($82,440) for the 1996-97 fiscal year to be used to fund a Program Consultant II position in the Division with the responsibility for handling additional duties placed on the Division resulting from this act and to publish written materials on the filing of a petition for incompetence and the roles and responsibilities of guardians. Of the funds appropriated under this section, the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services shall receive sixty thousand dollars ($60,000) for the 1995-96 fiscal year and the sum of sixty thousand dollars ($60,000) for the 1996-97 fiscal year to be used to conduct specialized training on the concerns and advocacy needs of persons with developmental disabilities and mental illness related to guardianship.
Sec. 7. There is appropriated from the General Fund to the Department of Human Resources, Division of Social Services, the sum of eight hundred fourteen thousand seven hundred eighty dollars ($814,780) for the 1995-96 fiscal year and the sum of one million three hundred ninety-four thousand one hundred seventy-eight dollars ($1,394,178) for the 1996-97 fiscal year to be allocated to county departments of social services to provide guardianship services. Each county shall be allocated a proportional amount of these funds based on its respective case loads as reported to the Division of Social Services. Funds for guardianship services shall be matched by counties at a rate of fifty-five percent (55%) effective July 1, 1995, forty-five percent (45%) effective July 1, 1996, and twenty-five percent (25%) effective July 1, 1997. Counties may use federal funds or county funds to meet matching requirements.
Sec. 8. The Department of Human Resources shall report to the 1997 General Assembly and to the Fiscal Research Division of the Legislative Services Office by March 15, 1997, on the use of funds allocated pursuant to this act. This report shall include an analysis of the guardianship services provided, of the number of wards served by the Department and nonprofit private corporations, and of the guardianship training provided to family members and individuals.
Sec. 9. This act becomes effective July 1, 1995, except that Section 2 of this act becomes effective July 1, 1996. Sections 1, 2, 3, and 8 of this act become effective if and only if appropriations contained in Sections 6 and 7 of this act are made by the 1995 General Assembly. Sections 4 and 5 of this act become effective if and only if appropriations contained in Section 6 of this act are made by the 1995 General Assembly.