A BILL TO BE ENTITLED
AN ACT to establish the legislative study commission on state guardianship laws, as recommended by the north carolina study commission on aging.
The General Assembly of North Carolina enacts:
SECTION 1.(a)  There is created the Legislative Study Commission on State Guardianship Laws. The purpose of the Commission is to review State law pertaining to guardianship and its relationship to other pertinent State laws such as the health care power of attorney, the right to a natural death, and durable power of attorney.
SECTION 1.(b)  The Commission shall consist of 15 members as follows:
(1)	Four members of the House of Representatives appointed by the Speaker of the House of Representatives.
(2)	Four members of the Senate appointed by the President Pro Tempore of the Senate.
(3)	The Director of the Administrative Office of the Courts, or the Director's designee.
(4)	The Director of the Division of Aging in the Department of Health and Human Services, or the Director's designee.
(5)	A county director of social services appointed by the President Pro Tempore of the Senate.
(6)	A clerk of superior court appointed by the Speaker of the House of Representatives.
(7)	A physician who specializes in geriatrics appointed by the President Pro Tempore of the Senate.
(8)	An attorney who has experience in guardianship matters appointed by the Speaker of the House of Representatives.
(9)	A representative of the Governor's Advocacy Council for Persons With Disabilities.
In addition, representatives designated by the following organizations shall serve as ex‑officio, nonvoting members of the Commission:
(1)	The North Carolina Bar Association.
(2)	The Arc of North Carolina.
(3)	North Carolina Guardianship Association.
(4)	Alzheimer's Association – Western Chapter.
(5)	Alzheimer's Association – Eastern Chapter.
(6)	Carolina Legal Assistance.
(7)	The Area Agencies on Aging.
(8)	County Departments of Aging.
The Speaker of the House of Representatives shall designate one representative as cochair, and the President Pro Tempore shall designate one senator as cochair. Vacancies on the Commission shall be filled by the same appointing authority as made the initial appointment. The Commission shall expire upon delivering its final report.
The Commission, while in the discharge of its official duties, may exercise all powers provided for under G.S. 120‑19 and G.S. 120‑19.1 through G.S. 120‑19.4. The Commission may meet at any time upon the joint call of the cochairs. The Commission may meet in the Legislative Building or the Legislative Office Building. The Commission may contract for professional, clerical, or consultant services as provided by G.S. 120‑32.02.
The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Commission in its work. The House of Representatives' and the Senate's Supervisors of Clerks shall assign clerical staff to the Commission, and the expenses relating to the clerical employees shall be borne by the Commission. Members of the Commission shall receive subsistence and travel expenses at the rates set forth in G.S. 120‑3.1, 138‑5, or 138‑6, as appropriate.
SECTION 1.(c)  In conducting the study, the Commission shall consider the following:
(1)	Whether guardianship should be a remedy of last resort used only if less restrictive alternatives are insufficient.
(2)	The definition of incompetency.
(3)	Whether courts should be required to make express findings regarding the extent of a person's incapacity and limit the scope of the guardianship accordingly.
(4)	Legal rights retained or lost as a result of being adjudicated incompetent.
(5)	The proper role of attorneys and guardians ad litem in guardianship proceedings.
(6)	The role of public human services agencies in providing guardianship services.
(7)	Legal procedures and protections in guardianship proceedings.
(8)	Public monitoring of guardianship.
(9)	Funding for guardianship services provided by public and nonprofit agencies.
(10)	Educating citizens with respect to guardianship and alternatives to guardianship.
(11)	Prudent investor rules.
(12)	Powers, duties, and liabilities of guardians.
(13)	Review of the State's adult protective services law.
(14)	Enactment of the Uniform Guardianship and Protective Proceedings Act (UGPPA).
(15)	Whether guardianship statutes need revision to provide greater protection of the health and welfare of incapacitated adults.
(16)	Whether the State should track the number of people under private guardianship and, if so, proposed methods for the tracking.
SECTION 2.  The Legislative Study Commission on State Guardianship Laws may make an interim report to the 2005 General Assembly not later than the convening of the 2005 General Assembly, and shall make its final report to the 2005 General Assembly, Regular Session 2006, upon its convening.
SECTION 3.  All State departments and agencies and local governments and their subdivisions shall furnish the Commission with any information in their possession or available to them.
SECTION 4.  There is appropriated from the General Fund to the General Assembly the sum of thirty thousand dollars ($30,000) for the 2004‑2005 fiscal year and the sum of thirty thousand dollars ($30,000) for the 2005‑2006 fiscal year to carry out the purposes of this act.
SECTION 5.  This act becomes effective July 1, 2004.