A BILL TO BE ENTITLED
AN ACT to redefine the powers, duties, rights, and liabilities of guardians of the person of minors and incompetent persons as recommended by the house study committee on state guardianship laws.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 7B‑600(a) reads as rewritten:
"(a)	In any case when no parent appears in a hearing with the juvenile or when the court finds it would be in the best interests of the juvenile, the court may appoint a guardian of the person for the juvenile. The guardian shall operate under the supervision of the court with or without bond and shall file only such reports as the court shall require. The guardian shall have the care, custody, and control of the juvenile or may arrange a suitable placement for the juvenile and may represent the juvenile in legal actions before any court. The guardian may consent to certain actions on the part of the juvenile in place of the parent including (i) marriage, (ii) enlisting in the armed forces, and (iii) enrollment in school. The guardian may also consent to any necessary remedial, psychological, medical, or surgical treatment for the juvenile. Except as otherwise provided by the court or this section, a guardian appointed under this section has the same duties, powers, rights, and liabilities as a guardian of the person of a minor under G.S. 35A‑1241.4, 35A‑1241.5, and 35A‑1241.6, and the court shall exercise the powers and duties of the clerk of superior court under those sections with respect to guardians appointed under this section. The authority of the guardian shall continue until the guardianship is terminated by court order, until the juvenile is emancipated pursuant to Article 35 of Subchapter IV of this Chapter, or until the juvenile reaches the age of majority."
SECTION 2.  G.S. 7B‑2001 reads as rewritten:
"§ 7B‑2001.  Appointment of guardian.
In any case when no parent, guardian, or custodian appears in a hearing with the juvenile or when the court finds it would be in the best interests of the juvenile, the court may appoint a guardian of the person for the juvenile. The guardian shall operate under the supervision of the court with or without bond and shall file only such reports as the court shall require. Unless the court orders otherwise, the guardian:
(1)	Shall have the care, custody, and control of the juvenile or may arrange a suitable placement for the juvenile.
(2)	May represent the juvenile in legal actions before any court.
(3)	May consent to certain actions on the part of the juvenile in place of the parent or custodian, including (i) marriage, (ii) enlisting in the armed forces, and (iii) enrollment in school.
(4)	May consent to any necessary remedial, psychological, medical, or surgical treatment for the juvenile.
Except as otherwise provided by the court or this section, a guardian appointed under this section has the same duties, powers, rights, and liabilities as a guardian of the person of a minor under G.S. 35A‑1241.4, 35A‑1241.5, and 35A‑1241.6, and the court shall exercise the powers and duties of the clerk of superior court under those sections with respect to guardians appointed under this section.
The authority of the guardian shall continue until the guardianship is terminated by court order, until the juvenile is emancipated pursuant to Subchapter IV of this Chapter, or until the juvenile reaches the age of majority."
SECTION 3.  G.S. 32A‑22(a) reads as rewritten:
"(a)	If, following the execution of a health care power of attorney, a court of competent jurisdiction appoints a guardian of the person of the principal, or a general guardian with powers over the person of the principal, the health care agent's authority under the health care power of attorney shall terminate upon the appointment and qualification of the guardian unless the clerk provides otherwise."
SECTION 4.  G.S. 35A‑1202(10) reads as rewritten:
"When used in this Subchapter, unless a contrary intent is indicated or the context requires otherwise:
…
(10)	"Guardian of the person" means a guardian appointed for the purpose of performing duties relating to the care, custody, and control of a ward.
…."
SECTION 5.  G.S. 35A‑1213(b) reads as rewritten:
"(b)	A nonresident of the State of North Carolina, to be appointed as general guardian, guardian of the person, or guardian of the estate of a North Carolina resident, must indicate in writing his willingness to submit to the jurisdiction of the North Carolina courts in matters relating to the guardianship and must appoint a resident agent to accept service of process for the guardian in all actions or proceedings with respect to the guardianship. Such appointment must be approved by and filed with the clerk, and any agent so appointed must notify the clerk of any change in the agent's address or legal residence. The clerk shall require a nonresident guardian of the estate or a nonresident general guardian to post a bond or other security for the faithful performance of the guardian's duties. The clerk may require a nonresident guardian of the person to post a bond or other security pursuant to G.S. 35A‑1230 for the faithful performance of the guardian's duties."
SECTION 6.  G.S.35A‑1220 is repealed.
SECTION 7.  G.S. 35A‑1230 reads as rewritten:
"§ 35A‑1230.  Bond required.
(a)	Except as otherwise provided by G.S. 35A‑1212.1 and G.S. 35A‑1225(a), no general guardian or guardian of the estate shall be permitted to receive the ward's property until he has given sufficient surety, approved by the clerk, to account for and apply the same under the direction of the court, provided that if the guardian is a nonresident of this State and the value of the property received exceeds one thousand dollars ($1,000) the surety shall be a bond under G.S. 35A‑1231(a) executed by a duly authorized surety company, or secured by cash in an amount equal to the amount of the bond or by a mortgage executed under Chapter 109 of the General Statutes on real estate located in the county, the value of which, excluding all prior liens and encumbrances, shall be at least one and one‑fourth times the amount of the bond; and further provided that the nonresident shall appoint a resident agent to accept service of process in all actions and proceedings with respect to the guardianship. 
(b)	Before issuing letters of appointment or at any time thereafter, the clerk may require a guardian of the person to post and maintain a bond or other security, in an amount the clerk deems appropriate and necessary, for the faithful performance of the guardian's powers and duties."
SECTION 8.  G.S. 35A‑1241 is repealed.
SECTION 9.  Article 8 of Chapter 35A of the General Statutes is amended by adding the following new sections to read:
"§ 35A‑1241.1.  Duties of guardian of the person of an incompetent person.
(a)	Except as otherwise provided by the clerk, a guardian of the person of an incompetent person shall exercise the guardian's powers and duties and make decisions regarding the ward's support, care, education, health, and welfare in accordance with this section.
(b)	A guardian of the person of an incompetent person shall act consistently with G.S. 35A‑1201(a)(5), shall exercise the guardian's powers and authority only as necessitated by the ward's limitations, and, to the extent possible, shall encourage the ward to participate in decisions, act on the ward's own behalf, and develop or regain the capacity to manage the ward's personal affairs.
(c)	A guardian of the person of an incompetent person, in making decisions, shall consider the expressed desires and personal values of the ward to the extent known to the guardian.
(d)	A guardian of the person of an incompetent person at all times shall act in the ward's best interest and exercise reasonable care, diligence, and prudence.
(e)	Except as otherwise provided by the clerk, a guardian of the person of an incompetent person shall:
(1)	Become or remain personally acquainted with the ward and maintain sufficient contact with the ward to know of the ward's capacities, limitations, needs, opportunities, and physical and mental health;
(2)	Develop, and revise as necessary, a plan to provide for the ward's custody, care, support, maintenance, education, habilitation, rehabilitation, and well‑being, consistent with the ward's condition, estate, and needs;
(3)	Take reasonable care of the ward's clothing, furniture, vehicles, and other personal effects;
(4)	Request the clerk to appoint a guardian of the estate for the ward if a guardian of the estate has not been appointed and appointment of a guardian of the estate is necessary to protect the ward's property;
(5)	Expend money of the ward that has been received by the guardian of the person for the ward's current needs for support, care, education, health, and welfare;
(6)	Conserve any excess money of the ward for the ward's future needs, however, if a guardian of the estate has been appointed for the ward's estate, the guardian of the person shall pay the money to the guardian of the estate, at least quarterly, to be conserved for the ward's future needs;
(7)	File status reports with the clerk or designated agency as required under G.S. 35A‑1242;
(8)	File accountings with the clerk if required under G.S. 35A‑1242;
(9)	Post and maintain a bond if required under G.S. 35A‑1230;
(10)	Inform the clerk of any change in the ward's custodial dwelling or address;
(11)	Inform the clerk of any change in the guardian's address;
(12)	Notify the clerk if the ward's condition has changed so that the ward is capable of exercising rights previously removed; and
(13)	File a motion pursuant to G.S. 35A‑1130 seeking restoration of the ward's competency, if appropriate.
(f)	Unless the guardian determines that doing so is contrary to the ward's best interest, a guardian of the person of an incompetent person shall exercise the guardian's powers consistently with any of the following documents that were validly executed by the ward, while competent, and were not validly revoked by the ward, while competent: (i) a health care power of attorney pursuant to Article 3 of Chapter 32A of the General Statutes or any comparable law of this State or another state; (ii) an advance health care directive that is valid under the laws of the state in which it was executed; (iii) an advance instruction for mental health treatment under Part 2 of Article 3 of Chapter 122C of the General Statutes or any comparable law of this State or another state; (iv) a declaration of a desire for a natural death pursuant to Article 23 of Chapter 90 of the General Statutes or any comparable law of this State or another state; or (v) a declaration of an anatomical gift under Part 3 of Article 16 of Chapter 130A of the General Statutes or any comparable law of this State or another state.
(g)	A guardian of the person is not legally obligated to provide for the ward's care or support from the guardian's own funds solely by virtue of the guardian‑ward relationship.
"§ 35A‑1241.2.  Powers of guardian of the person of an incompetent person.
(a)	Except as otherwise provided by the clerk, a guardian of the person of an incompetent person may:
(1)	If a guardian of the estate of the ward has not been appointed or refuses to act, apply for and receive money payable to or on behalf of the ward under the terms of any statutory system of benefits or insurance or any private contract, devise, trust, conservatorship, or custodianship;
(2)	If otherwise consistent with the terms of any order by a court of competent jurisdiction relating to custody of the ward, take custody of the ward and establish the ward's place of custodial dwelling;
(3)	If a guardian of the estate of the ward has not been appointed or refuses to act, sell or dispose of the ward's clothing, jewelry, furniture, vehicles, and personal effects;
(4)	If a guardian of the estate of the ward has not been appointed or refuses to act, take such action, including bringing legal proceedings on behalf of the ward, as may be reasonable, appropriate, and necessary to protect the ward's personal rights, personal property, or residence;
(5)	If a guardian of the estate of the ward has not been appointed or refuses to act, commence an administrative or judicial proceeding or take other appropriate action to compel a person to support the ward or pay money for the benefit of the ward;
(6)	Consent, or withhold consent, to medical, psychological, legal, professional, or other care, treatment, or service for the ward;
(7)	Delegate, through execution of a valid power of attorney and for a period not to exceed six months, to another person with legal capacity any of the guardian's powers regarding the ward's care, custody, or property;
(8)	If reasonable under all of the circumstances, delegate to the ward certain responsibilities for decisions affecting the ward's well‑being; and
(9)	Exercise any other power conferred by law on a guardian of the person of an incompetent person.
(b)	In exercising powers under subsection (a)(2) of this section, a guardian of the person may establish or move the ward's place of dwelling outside this State only upon express authorization of the clerk.
(c)	In exercising powers under subsection (a)(2) of this section, a guardian of the person may place the ward in a residential treatment facility that is not a group home, adult care home, nursing home, or other community‑based residential treatment facility only upon express authorization of the clerk.
(d)	Notwithstanding subsection (a)(6) of this section, a guardian of the person of an incompetent person may not consent to the ward's sterilization unless the guardian obtains an order from the clerk in accordance with G.S. 35A‑1245.
(e)	Notwithstanding termination of the guardianship due to the ward's death, a guardian of the person may make final burial and funeral arrangements for a deceased ward if the ward's body remains unclaimed for five days.
"§ 35A‑1241.3.  Rights and liability of guardian of the person of an incompetent person.
(a)	A guardian of the person of an incompetent person is entitled to reasonable compensation from the ward's estate for services as guardian and to reimbursement from the ward's estate for the guardian's expenditures for room, board, clothing, and care provided to the ward, if approved by order of the clerk. If a guardian of the estate for the ward, other than the guardian of the person or one who is affiliated with the guardian of the person, has been appointed, reasonable compensation and reimbursement to the guardian of the person may be approved and paid by the guardian of the estate without order of the clerk.
(b)	A guardian of the person is not liable to a third person for acts of the ward solely by reason of the guardian‑ward relationship.
(c)	A guardian of the person who acts within the scope of the guardian's authority and exercises reasonable care in choosing a third person to provide medical or other care, treatment, or service for the ward is not liable for injury to the ward resulting from the wrongful conduct of the third party.
(d)	A guardian of the person who consents, or withholds consent, to medical treatment or surgery for a ward is not liable to the ward or the ward's estate if the guardian's actions were within the scope of the guardian's authority, taken in good faith, and not negligent.
"§ 35A‑1241.4.  Duties of guardian of the person of a minor.
(a)	Except as otherwise provided by the clerk or this section, a guardian of the person of a minor has the duties and responsibilities of a parent regarding the ward's support, care, education, health, and welfare.
(b)	A guardian of the person of a minor shall act at all times in the minor's best interest and exercise reasonable care, diligence, and prudence.
(c)	A guardian of the person of a minor shall:
(1)	Become or remain personally acquainted with the minor ward and maintain sufficient contact with the ward to know of the ward's capacities, limitations, needs, opportunities, and physical and mental health;
(2)	Take reasonable care of the ward's personal effects;
(3)	Request the clerk to appoint a guardian of the estate for the ward if a guardian of the estate has not been appointed and appointment of a guardian of the estate is necessary to protect the ward's property;
(4)	Expend money of the ward that has been received by the guardian of the person for the ward's current needs for support, care, education, health, and welfare;
(5)	Conserve any excess money of the ward for the ward's future needs, however, if a guardian of the estate has been appointed for the ward's estate, the guardian of the person shall pay the money to the guardian of the estate, at least quarterly, to be conserved for the ward's future needs;
(6)	File status reports with the clerk or designated agency if required under G.S. 35A‑1242.1;
(7)	File accountings with the clerk if required under G.S. 35A‑1242.1;
(8)	Post and maintain a bond if required under G.S. 35A‑1230;
(9)	File a proceeding under this Chapter seeking a determination of the minor ward's incompetence and appointment of a general guardian, guardian of the person, or guardian of the estate for the ward if the minor ward is an 'incompetent child' as defined by G.S. 35A‑1101(8);
(10)	Inform the clerk of any change in the ward's custodial dwelling or address; and
(11)	Inform the clerk of any change in the guardian's address.
(d)	Notwithstanding subsection (a) of this section, a guardian of the person of a minor is not legally obligated to provide for the ward's care or support from the guardian's own funds solely by virtue of the guardian‑ward relationship and is not liable for paying child support for the minor solely by virtue of the guardian‑ward relationship.
"§ 35A‑1241.5.  Powers of guardian of the person of a minor.
(a)	Except as otherwise provided by the clerk, a guardian of the person of a minor has the powers of a parent regarding the ward's support, care, education, health, and welfare.
(b)	Except as otherwise provided by the clerk, a guardian of the person of a minor may:
(1)	If a guardian of the estate of the ward has not been appointed or refuses to act, apply for and receive money payable to or on behalf of the ward under the terms of any statutory system of benefits or insurance or any private contract, devise, trust, conservatorship, or custodianship;
(2)	If otherwise consistent with the terms of any order by a court of competent jurisdiction relating to custody of the ward, take custody of the ward and establish the ward's place of custodial dwelling;
(3)	If a guardian of the estate of the ward has not been appointed or refuses to act, take such action, including bringing legal proceedings on behalf of the ward, as may be reasonable, appropriate, and necessary to protect the ward's personal rights, personal property, or residence;
(4)	If a guardian of the estate of the ward has not been appointed or refuses to act, commence an administrative or judicial proceeding or take other appropriate action to compel a person to support the ward or to pay money for the benefit of the ward;
(5)	Consent, or withhold consent, to medical, psychological, legal, professional, or other care, treatment, or service for the ward;
(6)	Delegate, through execution of a valid power of attorney and for a period not to exceed six months, to another person with legal capacity any of the guardian's powers regarding the ward's care, custody, or property;
(7)	If reasonable under all of the circumstances, delegate to the ward certain responsibilities for decisions affecting the ward's well‑being; or
(8)	Exercise any other power conferred by law on a guardian of the person of a minor.
(c)	In exercising powers under subsection (a)(2) of this section, a guardian of the person may establish or move the ward's place of dwelling outside this State only upon express authorization of the clerk.
(d)	Notwithstanding termination of the guardianship due to the ward's death, a guardian of the person may make final burial and funeral arrangements for a deceased ward if the ward's body remains unclaimed for five days.
"§ 35A‑1241.6.  Rights and liability of guardian of the person of a minor.
(a)	A guardian of the person of a minor is entitled to reasonable compensation from the ward's estate for services as guardian and to reimbursement for room, board, and clothing provided by the guardian to the ward, if approved by the clerk. If a guardian of the estate of a minor, other than the guardian or a person who is affiliated with the guardian, has been appointed, reasonable compensation and reimbursement to the guardian may be approved and paid by the guardian of the estate without order of the clerk.
(b)	A guardian of the person is not liable to a third person for acts of the ward solely by reason of the guardian‑ward relationship except to the extent that a parent is liable under the circumstances.
(c)	A guardian of the person who acts within the scope of the guardian's authority and exercises reasonable care in choosing a third person to provide medical or other care, treatment, or service for the ward is not liable for injury to the ward resulting from the wrongful conduct of the third party.
(d)	A guardian of the person who consents, or withholds consent, to medical treatment or surgery for a ward is not liable to the ward or the ward's estate if the guardian's actions were within the scope of the guardian's authority, taken in good faith, and not negligent."
SECTION 10.  G.S. 35A‑1242 reads as rewritten:
"§ 35A‑1242.  Status reports and accountings by guardians of the person of incompetent persons.
(a)	 Within six months after appointment and annually thereafter, a guardian of the person of an incompetent person shall file a status report with the clerk, and with a designated agency if ordered by the clerk, regarding the ward's condition, care, and needs. This requirement applies only to: (i) a disinterested public agent or corporation that has been appointed as a guardian of the person of an incompetent person; or (ii) a guardian of the person of an incompetent person who has been ordered by the clerk, at the time of appointment or thereafter, to submit status reports pursuant to this section.
(a1)	Except as otherwise provided by the clerk, a status report shall state or contain the following:
(1)	The current mental, physical, and social condition of the ward;
(2)	The living arrangements for all addresses of the ward during the reporting period;
(3)	The medical, educational, vocational, and other services provided to the ward and the guardian's opinion as to the adequacy of the ward's care;
(4)	A summary of the guardian's visits with the ward and activities on the ward's behalf and the extent to which the ward has participated in decision‑making;
(5)	If the ward is institutionalized, whether the guardian considers the current plan for care, treatment, or habilitation to be in the ward's best interest;
(6)	Additional reports and information specified in G.S. 35A‑1202(14);
(7)	Plans for future care; and
(8)	A recommendation as to the need for continued guardianship and any recommended changes in the scope of the guardianship.
(b)	Each status report shall be filed under the guardian's oath or affirmation that the report is complete and accurate to the best of the guardian's information and belief after reasonable inquiry.
(b1)	The clerk may appoint a designated agency to review a report, interview the ward or guardian, and make any other investigation the clerk deems appropriate.
(c)	A clerk or designated agency that receives a status report shall not make the status report available to anyone other than the guardian, the ward, the court, or State or local human resource agencies providing services to the ward.
(d)	Unless otherwise provided by order of the clerk, a guardian of the person who receives money or property on behalf of a ward, disposes of a ward's property, or expends a ward's funds for the ward's care shall file with the clerk an initial inventory and annual accounts pursuant to Article 10 of this Chapter.
(e)	The clerk shall establish a system for monitoring guardianships in which a guardian of the person has been appointed, including the filing and review of status reports and accounts."
SECTION 11.  Article 8 of Chapter 35A of the General Statutes is amended by adding a new section to read:
"§ 35A‑1242.1.  Status reports and accountings by guardians of the persons of minors.
(a)	At the time of appointment or any time thereafter, the clerk may order a guardian of the person of a minor to submit status reports to the clerk and, if ordered by the clerk, to a designated agency regarding the ward's condition, care, and needs.
(b)	A guardian of the person of a minor ordered to submit status reports under this section shall submit the status reports within six months of the order requiring submission of status reports and annually thereafter.
(c)	Except as otherwise provided by the clerk, a status report shall state or contain the following:
(1)	The current mental, physical, and social condition of the ward;
(2)	The living arrangements for all addresses of the ward during the reporting period;
(3)	The medical, educational, vocational, and other services provided to the ward and the guardian's opinion as to the adequacy of the ward's care;
(4)	A summary of the guardian's visits with the ward and activities on the ward's behalf and the extent to which the ward has participated in decision‑making;
(5)	If the ward is institutionalized, whether the guardian considers the current plan for care, treatment, or habilitation to be in the ward's best interest;
(6)	Additional reports and information specified in G.S. 35A‑1202(14);
(7)	Plans for future care; and
(8)	A recommendation as to any recommended changes in the scope of the guardianship.
(d)	Each status report shall be filed under the guardian's oath or affirmation that the report is complete and accurate to the best of the guardian's information and belief after reasonable inquiry.
(e)	The clerk may appoint a designated agency to review a report, interview the ward or guardian, and make any other investigation the clerk deems appropriate.
(f)	A clerk or designated agency that receives a status report shall not make the status report available to anyone other than the guardian, the ward, the court, or State or local health and human service agencies providing services to the ward.
(g)	Unless otherwise provided by order by the clerk, a guardian or the person who received money or property on behalf of a ward or expends a ward's funds for the ward's care shall file with the clerk an initial inventory and annual accounts pursuant to Article 10 of this Chapter.
(h)	The clerk shall establish a system for monitoring guardianships in which a guardian of the person has been appointed, including the filing and review of status reports and accountings."
SECTION 12.  G.S. 35A‑1245 reads as written:
"§ 35A‑1245.  Procedure to permit the sterilization of an incompetent person in the case of medical necessity.
(a)	A guardian of the person of an incompetent person shall not consent to a medical procedure that would result in sterilization of the ward unless an order from the clerk has been obtained in accordance with this section.
(b)	If an incompetent ward needs to undergo a medical procedure that would result in sterilization, the ward's guardian shall petition the clerk for an order to permit the guardian to consent to the procedure. The petition shall contain the following:
(1)	A sworn statement from a physician licensed in this State who has examined the ward that the proposed procedure is medically necessary and not for the sole purpose of sterilization or for the purpose of hygiene or convenience.
(2)	The name and address of the physician who will perform the procedure.
(3)	A sworn statement from a psychiatrist or psychologist licensed in this State who has examined the ward as to whether the  ward is able to comprehend the nature of the proposed procedure and its consequences and provide an informed consent to the procedure.
(4)	If the ward is able to comprehend the nature of the proposed procedure and its consequences, the sworn consent of the ward to the procedure.
(c)	A copy of the petition shall be served on the ward personally. If the ward is unable to comprehend the nature of the proposed procedure and its consequences and is unable to provide an informed consent, the clerk shall appoint an attorney to represent the ward in accordance with rules adopted by the Office of Indigent Defense Services.
(d)	Should the ward or the ward's attorney request a hearing, a hearing shall be held. Otherwise, the clerk may enter an order without the appearance of witnesses. If a hearing is held, the guardian and the ward may present evidence.
(e)	If the clerk finds the following, the clerk shall enter an order permitting the guardian to consent to the proposed procedure:
(1)	The ward is capable of comprehending the procedure and its consequences and has consented to the procedure, or the ward is unable to comprehend the procedure and its consequences.
(2)	The procedure is medically necessary and is not solely for the purpose of sterilization or for hygiene or convenience.
(f)	The guardian or the ward, the ward's attorney, or any other interested party may appeal the clerk's order to the superior court in accordance with G.S. 1‑301.2(e)."
SECTION 13.  Article 8 of Chapter 35A of the General Statutes is amended by adding a new section to read:
"§ 35A‑1246.  Orders regarding custody of incompetent person.
(a)	If a guardian of the person of an incompetent person has the power to take custody of the ward pursuant to G.S. 35A‑1241.2(a)(2), but has been unable, despite reasonable efforts, to take or retain physical custody of the ward, the clerk, upon motion by the guardian and finding that the ward is at imminent risk of serious harm or may leave the State, may issue an order directing any law enforcement officer to take physical custody of the ward and deliver the ward to the guardian. An order issued under this subsection is enforceable throughout this State. If the clerk finds that a less intrusive remedy is not effective, the order may authorize law enforcement officers to enter private property to take physical custody of the ward. If required by exigent circumstances, the order may authorize law enforcement officers to make a forcible entry at any hour.
(b)	If a guardian of the person of an incompetent person has the power to take custody of the ward pursuant to G.S. 35A‑1241.2(a)(2) and a person, other than the ward, has interfered with the guardian's custody or placement of the ward, the clerk, upon motion by the guardian, notice to the person who has allegedly interfered with the guardian's custody of the ward, and hearing, may issue an order enjoining that person from interfering with the guardian's custody or placement of the ward. An order issued under this subsection is enforceable through civil or criminal contempt pursuant to Chapter 5A of the General Statutes."
SECTION 14.  G.S. 122C‑73(e) reads as rewritten:
"(e)	If, following the execution of an advance instruction for mental health treatment, a court of competent jurisdiction appoints a guardian of the person of the principal, or a general guardian with powers over the person of the principal, the guardian shall, as required by G.S. 35A‑1241.1(d), exercise the guardian's powers consistently with the advance instruction for mental health treatment unless the guardian determines that doing so is contrary to the ward's best interest."
SECTION 15.  This act becomes effective October 1, 2008, and applies to appointments, services, acts, or omissions on or after that date.