Joint Legislative Oversight Committee on Health and Human Services, Subcommittee on Public Guardianship: Final Report to the Full Committee

The focus of the study was limited to public guardianship. Under the North Carolina General Statutes, a guardian is an individual appointed by the court to make decisions on behalf of an individual (ward). Under G.S. 35A-1213(d) a clerk may appoint a "disinterested public agent" to serve as guardian. The disinterested public agent will serve in that capacity by virtue of his or her office or employment, which shall be identified in the clerk's order and in the letters of appointment. Session Law 2012-151 amended G.S. 35A-1202 to define a disinterested public agent as the director or assistant directors of a county department of social services. Therefore, the scope of the Subcommittee's examination and recommendations extend only to issues involving those public guardians and their wards and does not address issues involving private guardians.