Nicholas Bell
New Member
- Jurisdiction
- North Carolina
I have a question regarding the decisions that are made by guardians of the person for adults with developmental disabilities in NC. I have worked in the field of human services for 26 years in a variety of jobs, always as part of an interdisciplinary team. I have met many guardians over the years and have regular contact with many of them on a weekly basis. I am no expert on guardianship but I am aware of the process. The competency hearing for the supported individual happens first and then guardianship is assigned to someone, usually a family member. My concern is with the other individuals who are assigned guardianship, specifically non-family members. I have found no criteria that have to be met concerning education, experience, clinical expertise or background in order for someone to be assigned as a legal guardian of the person. I reviewed the site for the North Carolina Guardianship Association and they do not seem to have any formal authority over guardians. Often decisions are made by a guardian that serve an agenda, and have nothing to do with the health, safety and well-being of the supported ward. Guardians seem to have a broad range of powers and have often overridden the decisions of an interdisciplinary team. What legal recourse to team members have in these situations? Any advice would be greatly appreciated.
