North Carolina
Overview
North Carolina has passed legislation that recognizes supported decision-making as a less restrictive alternative to guardianship. North Carolina also identifies supported decision-making in a statute concerning nondiscrimination in organ transplantation. We are not aware of any case law applying the North Carolina supported decision-making statute, nor are we aware of any case law denying petitions for guardianship (or terminating existing guardianships) in favor of supported decision-making.
Guardianship Laws
N.C. Gen. Stat. §§ 35a-1101 to -1217; 35a-1230 to 1382
Supported Decision-Making
State Legislation
- N.C. Gen. Stat. § 130A-414.2
- Description: Provides supported decision-making regarding nondiscrimination in organ transplantation.
- S.B. 625, 2023 Leg., Reg. Sess. (N.C. 2023)
- Description: Defines Supported Decision-Making as an alternative to guardianship.
- Status: Enacted on September 28, 2023.
- H.R. 713, 2017 Leg., Reg. Sess. (N.C. 2017) (Prior Bill: 2015 NC HB 681)
- Description: Directed the Legislative Research Commission to study supported decision-making as an alternative to guardianship of the person.
- Status: Failed on April 11, 2017.
- § S.B. 308, 2023 Leg., Reg. Sess. (N.C. 2023)
- Description: Defines Supported Decision-Making as an alternative to guardianship.
- Status: Referred to Committee on Rules and Operations of the Senate on August 21, 2023.
Case Law & Court Orders
None found
State Grant Programs
- 2015/2016 Grantee: First in Families of North Carolina (http://fifnc.org/)
- Summary: The North Carolina grantee conducted 12 training sessions on Supported Decision-Making for older adults, people with disabilities, family members, and professionals across the state. The grantee also developed informational material about Supported Decision-Making and distributed it to over 600 people. The grantee also reviewed policies and practices that reduce individual self-determination and could lead to guardianship and developed, in collaboration with older adults, people with disabilities, and professionals, Supported Decision-Making tools, and methodologies to address them.
- Final Report
Other Resources
- Work Together NC – Supported Decision-Making and Alternatives to Guardianship Action Plan
- Rethinking Guardianship NC
- Jordan Institute for Families, School of Social Work, University of North Carolina at Chapel Hill” Rethinking Guardianship: Building a Case for Less Restrictive Alternatives, First Year Report” (Dec. 4, 2015)
- Website: First in Families of North Carolina
- Website: Autism Society of North Carolina, Promoting Independence
- Website: Disability Rights NC, Self-Determination and Guardianship
Information Last Updated: January 24, 2025