Wendy Williams's Law.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 475

Short Title: Wendy Williams's Law. (Public)
Sponsors: Senator Murdock (Primary Sponsor).
Referred to: Rules and Operations of the Senate
March 25, 2025
*S475-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO BE ENTITLE D WENDY WILLIAMS'S L AWS, CREATING MINIMU M 2
TRAINING REQUIREMENT S FOR GUARDIANS AND GUARDIANS AD LITEM 3
APPOINTED TO SERVE INCOMPETENT PERSONS. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. Article 5 of Chapter 35A of the General Statutes reads as rewritten: 6
"Article 5. 7
"Appointment of Guardian for Incompetent Person. 8
… 9
"§ 35A-1215. Clerk's order; issuance of letters of appointment. 10
(a) When appointing a guardian, the clerk shall enter an order setting forth:forth all of the 11
following: 12
(1) The nature of the guardianship or guardianships to be created and the name of 13
the person or entity appointed to fill each guardianship; andguardianship. 14
(2) The powers and duties of the guardian or guardi ans, which shall include, 15
unless the clerk orders otherwise, (i) with all of the following: 16
a. With respect to a guardian of the person and general guardian, the 17
powers and duties provided under G.S. 35A, Article 8, and (ii) with 8. 18
b. With respect to a guardian of the estate and general guardian, the 19
powers, and duties provided under G.S. 35A, Article 9 and Subchapter 20
III; andIII. 21
(3) The identity of the designated agency if there is one. 22
(4) The requirement that any individual appointed to fill a guardianship, including 23
at least one representative of any entity appointed to fill a guardianship, shall 24
within six months of the appointment complete training that includes at a 25
minimum the following subjects: 26
a. The legal duties and responsibilities of the guardian. 27
b. The rights of the incompetent person. 28
c. The available resources to aid the incompetent person. 29
d. An orientation to medical terminology, particularly the terminology 30
related to the diagnostic and assessment procedures used to 31
characterize the extent and reversibility of any impairment. 32
e. The preparation of status reports, annual accounts, and other reports 33
required under this Article , including financial accounting for the 34
property and financial resources of the incompetent person. 35
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 475-First Edition
(5) The determination of whether , in the clerk 's discretion, to grant a partial or 1
complete waiver of the requirements of su bdivision (4) of this subsection, or 2
to expand those requirements, based upon the clerk's consideration of at least 3
each of the following: 4
a. The experience and e ducation of the guardian with respect to the 5
training requirements of this subsection. 6
b. The duties and responsibilities of the guardian. 7
c. The needs of the incompetent person. 8
… 9
"§ 35A-1216. Rule-making power of Secretary of Health and Human Services. 10
The Secretary of the Department of Health and Human Services shall adopt rules concerning 11
the guardianship responsibilities of disinterested public agents. The rules shall provide, among 12
other things, that disinterested public agents shall undertake or have received training concerning 13
the powers and responsibilities of guardians.guardians, including at a minimum the training 14
requirements under G.S. 35A-1215(a)(4). 15
"§ 35A-1217. Appointment of guardian ad litem for incompetent ward. 16
(a) The clerk shall appoint a guardian ad litem to represent a ward in a proceeding under 17
this Subchapter if the ward has been adjudicated incompetent under Subchapter I and the clerk 18
determines that the ward's interests are not adequately represented. Appointment and discharge 19
of the guardian ad litem shall be in accordance with rules adopted by the Office of Indigent 20
Defense Services. The guardian ad litem shall explain the notice of rights under G.S. 35A-1117 21
as part of the guardian ad litem's representation of the ward in connection with all proceedings 22
under this Subchapter. Nothing herein shall affect the ward's right to retain counsel of his or her 23
own choice. 24
(b) A guardian ad litem may only be appointed pursuant to this section if the guardian ad 25
litem has completed a training program, including at a minimum each of the following subjects: 26
(1) The legal duties and responsibilities of a guardian ad litem appointed pursuant 27
to this section. 28
(2) The rights of the incompetent person with emphasis on the due process rights 29
of the incompetent person. 30
(3) The available resources to aid the incompetent person. 31
(4) An orientation to medical terminology, particularly that related to the 32
diagnostic and assessment procedures used to characterize the extent and 33
reversibility of any impairment. 34
(5) Entitlements and other benefits available to the incompetent person. 35
(6) Psychological and social concerns relating to incompetent persons. 36
(c) The clerk may, in the clerk 's discretion, gr ant a partial or complete waiver of the 37
training requirements of subsection (b) of this section, or expand those training requirements, 38
based upon the clerk's consideration of at least each of the following: 39
(1) The experience and education of the guardian ad litem with respect to the 40
training requirements of subsection (b) of this section. 41
(2) The duties and responsibilities of the guardian ad litem. 42
(3) The needs of the incompetent person." 43
SECTION 2. This act becomes effective January 1, 2026, and appli es to 44
appointments of guardians and guardians ad litem made on or after that date. 45