State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_35A > GS_35A-1107

§ 35A‑1107.  Right tocounsel or guardian ad litem.

(a)        The respondent isentitled to be represented by counsel of his own choice or by an appointedguardian ad litem. Upon filing of the petition, an attorney shall be appointedas guardian ad litem to represent the respondent unless the respondent retainshis own counsel, in which event the guardian ad litem may be discharged.Appointment and discharge of an appointed guardian ad litem shall be inaccordance with rules adopted by the Office of Indigent Defense Services.

(b)        An attorneyappointed as a guardian ad litem under this section shall represent therespondent until the petition is dismissed or until a guardian is appointedunder Subchapter II of this Chapter. After being appointed, the guardian ad litemshall personally visit the respondent as soon as possible and shall make everyreasonable effort to determine the respondent's wishes regarding theincompetency proceeding and any proposed guardianship. The guardian ad litemshall present to the clerk the respondent's express wishes at all relevantstages of the proceedings. The guardian ad litem also may make recommendationsto the clerk concerning the respondent's best interests if those interestsdiffer from the respondent's express wishes. In appropriate cases, the guardianad litem shall consider the possibility of a limited guardianship and shallmake recommendations to the clerk concerning the rights, powers, and privilegesthat the respondent should retain under a limited guardianship. (1987, c. 550, s. 1; 2000‑144,s. 33; 2003‑236, s. 3.)