2009 North Carolina Code
Chapter 35A - Incompetency and Guardianship.
§ 35A-1375. Determination of incapacity or debilitation.

§ 35A‑1375.  Determination of incapacity or debilitation.

(a)        If requested by the petitioner, designator, or standby guardian, an attending physician shall make a determination regarding the incapacity or debilitation of the petitioner or designator for purposes of this Article.

(b)        A determination of incapacity or debilitation shall:

(1)        Be made by the attending physician to a reasonable degree of medical certainty;

(2)        Be in writing; and

(3)        Contain the attending physician's opinion regarding the cause and nature of the incapacity or debilitation, as well as its extent and probable duration.

(c)        The attending physician shall provide a copy of the determination of incapacity or debilitation to the standby guardian, if the standby guardian's identity is known to the physician.

(d)        The standby guardian shall ensure that the petitioner or designator is informed of the commencement of the standby guardian's authority as a result of a determination of incapacity or debilitation and of the possibility of a future suspension of the standby guardian's authority pursuant to G.S. 35A‑1376. (1995, c. 313, s. 1.)