North Carolina Administrative Code
Title 10A - HEALTH AND HUMAN SERVICES
Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES
Subchapter A - COMMITTEES AND PROCEDURES
Section .0300 - INFORMING CLIENTS AND STATE FACILITY EMPLOYEES OF RIGHTS
Section 28A .0303 - NOTIFICATION ON GUARDIANSHIP

Universal Citation: 10A NC Admin Code 28A .0303

Current through Register Vol. 39, No. 6, September 16, 2024

(a) The client shall be informed of the different aspects and policies concerning guardianship when the use of guardianship becomes an issue.

(b) The client shall be permitted to participate as fully as possible in all decisions that will affect him. State facility employees shall seek to preserve for the incompetent adult client the opportunity to exercise those rights that are within his comprehension as specified in G.S. 35A-1201(a)(4) and (5).

(c) The State Facility Director shall assure that incompetency proceedings are pursued for adult clients when the treatment team determines that the client is unable to make or communicate important decisions about his life. To the extent possible statutory proceedings for limited guardianship rather than full guardianship should be pursued.

Authority G.S. 122C-51; 131E-67; 143B-147;
Eff. October 1, 1984;
Amended Eff. April 1, 1990; July 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 24, 2017.

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