§ 108A‑105. Provision of protective services todisabled adults who lack the capacity to consent; hearing, findings, etc.
(a) If the director reasonably determines that a disabled adultis being abused, neglected, or exploited and lacks capacity to consent toprotective services, then the director may petition the district court for anorder authorizing the provision of protective services. The petition mustallege specific facts sufficient to show that the disabled adult is in need ofprotective services and lacks capacity to consent to them.
(b) The court shall set the case for hearing within 14 daysafter the filing of the petition. The disabled adult must receive at least fivedays' notice of the hearing. He has the right to be present and represented bycounsel at the hearing. If the person, in the determination of the judge, lacksthe capacity to waive the right to counsel, then a guardian ad litem shall beappointed pursuant to G.S. 1A‑1, Rule 17, and rules adopted by the Officeof Indigent Defense Services. If the person is indigent, the cost ofrepresentation shall be borne by the State.
(c) If, at the hearing, the judge finds by clear, cogent, andconvincing evidence that the disabled adult is in need of protective servicesand lacks capacity to consent to protective services, he may issue an orderauthorizing the provision of protective services. This order may include thedesignation of an individual or organization to be responsible for theperforming or obtaining of essential services on behalf of the disabled adultor otherwise consenting to protective services in his behalf. Within 60 daysfrom the appointment of such an individual or organization, the court willconduct a review to determine if a petition should be initiated in accordancewith Chapter 35A; for good cause shown, the court may extend the 60 day periodfor an additional 60 days, at the end of which it shall conduct a review todetermine if a petition should be initiated in accordance with Chapter 35A. Nodisabled adult may be committed to a mental health facility under this Article.
(d) A determination by the court that a person lacks thecapacity to consent to protective services under the provisions of this Chaptershall in no way affect incompetency proceedings as set forth in Chapters 33, 35or 122 of the General Statutes of North Carolina, or any other proceedings, andincompetency proceedings as set forth in Chapters 33, 35, or 122 shall have noconclusive effect upon the question of capacity to consent to protectiveservices as set forth in this Chapter. (1973, c. 1378, s. 1; 1975, c. 797; 1977, c. 725, s. 3, 1979, c. 1044,s. 5; 1981, c. 275, s. 1; 1985, c. 658, s. 2; 1987, c. 550, s. 25; 2000‑144,s. 36.)
§ 108A‑105. Provision of protective services todisabled adults who lack the capacity to consent; hearing, findings, etc.
(a) If the director reasonably determines that a disabled adultis being abused, neglected, or exploited and lacks capacity to consent toprotective services, then the director may petition the district court for anorder authorizing the provision of protective services. The petition mustallege specific facts sufficient to show that the disabled adult is in need ofprotective services and lacks capacity to consent to them.
(b) The court shall set the case for hearing within 14 daysafter the filing of the petition. The disabled adult must receive at least fivedays' notice of the hearing. He has the right to be present and represented bycounsel at the hearing. If the person, in the determination of the judge, lacksthe capacity to waive the right to counsel, then a guardian ad litem shall beappointed pursuant to G.S. 1A‑1, Rule 17, and rules adopted by the Officeof Indigent Defense Services. If the person is indigent, the cost ofrepresentation shall be borne by the State.
(c) If, at the hearing, the judge finds by clear, cogent, andconvincing evidence that the disabled adult is in need of protective servicesand lacks capacity to consent to protective services, he may issue an orderauthorizing the provision of protective services. This order may include thedesignation of an individual or organization to be responsible for theperforming or obtaining of essential services on behalf of the disabled adultor otherwise consenting to protective services in his behalf. Within 60 daysfrom the appointment of such an individual or organization, the court willconduct a review to determine if a petition should be initiated in accordancewith Chapter 35A; for good cause shown, the court may extend the 60 day periodfor an additional 60 days, at the end of which it shall conduct a review todetermine if a petition should be initiated in accordance with Chapter 35A. Nodisabled adult may be committed to a mental health facility under this Article.
(d) A determination by the court that a person lacks thecapacity to consent to protective services under the provisions of this Chaptershall in no way affect incompetency proceedings as set forth in Chapters 33, 35or 122 of the General Statutes of North Carolina, or any other proceedings, andincompetency proceedings as set forth in Chapters 33, 35, or 122 shall have noconclusive effect upon the question of capacity to consent to protectiveservices as set forth in this Chapter. (1973, c. 1378, s. 1; 1975, c. 797; 1977, c. 725, s. 3, 1979, c. 1044,s. 5; 1981, c. 275, s. 1; 1985, c. 658, s. 2; 1987, c. 550, s. 25; 2000‑144,s. 36.)
§ 108A‑105. Provision of protective services todisabled adults who lack the capacity to consent; hearing, findings, etc.
(a) If the director reasonably determines that a disabled adultis being abused, neglected, or exploited and lacks capacity to consent toprotective services, then the director may petition the district court for anorder authorizing the provision of protective services. The petition mustallege specific facts sufficient to show that the disabled adult is in need ofprotective services and lacks capacity to consent to them.
(b) The court shall set the case for hearing within 14 daysafter the filing of the petition. The disabled adult must receive at least fivedays' notice of the hearing. He has the right to be present and represented bycounsel at the hearing. If the person, in the determination of the judge, lacksthe capacity to waive the right to counsel, then a guardian ad litem shall beappointed pursuant to G.S. 1A‑1, Rule 17, and rules adopted by the Officeof Indigent Defense Services. If the person is indigent, the cost ofrepresentation shall be borne by the State.
(c) If, at the hearing, the judge finds by clear, cogent, andconvincing evidence that the disabled adult is in need of protective servicesand lacks capacity to consent to protective services, he may issue an orderauthorizing the provision of protective services. This order may include thedesignation of an individual or organization to be responsible for theperforming or obtaining of essential services on behalf of the disabled adultor otherwise consenting to protective services in his behalf. Within 60 daysfrom the appointment of such an individual or organization, the court willconduct a review to determine if a petition should be initiated in accordancewith Chapter 35A; for good cause shown, the court may extend the 60 day periodfor an additional 60 days, at the end of which it shall conduct a review todetermine if a petition should be initiated in accordance with Chapter 35A. Nodisabled adult may be committed to a mental health facility under this Article.
(d) A determination by the court that a person lacks thecapacity to consent to protective services under the provisions of this Chaptershall in no way affect incompetency proceedings as set forth in Chapters 33, 35or 122 of the General Statutes of North Carolina, or any other proceedings, andincompetency proceedings as set forth in Chapters 33, 35, or 122 shall have noconclusive effect upon the question of capacity to consent to protectiveservices as set forth in this Chapter. (1973, c. 1378, s. 1; 1975, c. 797; 1977, c. 725, s. 3, 1979, c. 1044,s. 5; 1981, c. 275, s. 1; 1985, c. 658, s. 2; 1987, c. 550, s. 25; 2000‑144,s. 36.)
