§ 35A-1101. Definitions. - North Carolina Statutes

Chapter35A.

Incompetency and Guardianship.

SUBCHAPTER I.  PROCEEDINGSTO DETERMINE INCOMPETENCE.

Article 1.

Determination ofIncompetence.

§ 35A‑1101. Definitions.

When used in this Subchapter:

(1)        "Autism"means a physical disorder of the brain which causes disturbances in thedevelopmental rate of physical, social, and language skills; abnormal responsesto sensations; absence of or delay in speech or language; or abnormal ways ofrelating to people, objects, and events. Autism occurs sometimes by itself andsometimes in conjunction with other brain‑functioning disorders.

(2)        "Cerebralpalsy" means a muscle dysfunction, characterized by impairment ofmovement, often combined with speech impairment, and caused by abnormality ofor damage to the brain.

(3)        "Clerk"means the clerk of superior court.

(4)        "Designatedagency" means the State or local human services agency designated by theclerk in the clerk's order to prepare, cause to be prepared, or assemble amultidisciplinary evaluation and to perform other functions as the clerk mayorder. A designated agency includes, without limitation, State, local,regional, or area mental health, mental retardation, vocational rehabilitation,public health, social service, and developmental disabilities agencies, and diagnosticevaluation centers.

(5)        "Epilepsy"means a group of neurological conditions characterized by abnormal electrical‑chemicaldischarge in the brain. This discharge is manifested in various forms ofphysical activity called seizures, which range from momentary lapses ofconsciousness to convulsive movements.

(6)        "Guardian adlitem" means a guardian appointed pursuant to G.S. 1A‑1, Rule 17,Rules of Civil Procedure.

(7)        "Incompetentadult" means an adult or emancipated minor who lacks sufficient capacityto manage the adult's own affairs or to make or communicate important decisionsconcerning the adult's person, family, or property whether the lack of capacityis due to mental illness, mental retardation, epilepsy, cerebral palsy, autism,inebriety, senility, disease, injury, or similar cause or condition.

(8)        "Incompetentchild" means a minor who is at least 17 1/2 years of age and who, otherthan by reason of minority, lacks sufficient capacity to make or communicateimportant decisions concerning the child's person, family, or property whetherthe lack of capacity is due to mental illness, mental retardation, epilepsy,cerebral palsy, autism, inebriety, disease, injury, or similar cause orcondition.

(9)        "Indigent"means unable to pay for legal representation and other necessary expenses of aproceeding brought under this Subchapter.

(10)      "Inebriety"means the habitual use of alcohol or drugs rendering a person incompetent totransact ordinary business concerning the person's estate, dangerous to personor property, cruel and intolerable to family, or unable to provide for family.

(11)      "Interimguardian" means a guardian, appointed prior to adjudication ofincompetence and for a temporary period, for a person who requires immediateintervention to address conditions that constitute imminent or foreseeable riskof harm to the person's physical well‑being or to the person's estate.

(12)      "Mentalillness" means an illness that so lessens the capacity of a person to useself‑control, judgment, and discretion in the conduct of the person'saffairs and social relations as to make it necessary or advisable for theperson to be under treatment, care, supervision, guidance, or control. The term"mental illness" encompasses "mental disease", "mentaldisorder", "lunacy", "unsoundness of mind", and"insanity".

(13)      "Mentalretardation" means significantly subaverage general intellectualfunctioning existing concurrently with deficits in adaptive behavior andmanifested before age 22.

(14)      "Multidisciplinaryevaluation" means an evaluation that contains current medical,psychological, and social work evaluations as directed by the clerk and thatmay include current evaluations by professionals in other disciplines,including without limitation education, vocational rehabilitation, occupationaltherapy, vocational therapy, psychiatry, speech‑and‑hearing, andcommunications disorders. The evaluation is current if made not more than oneyear from the date on which it is presented to or considered by the court. Theevaluation shall set forth the nature and extent of the disability andrecommend a guardianship plan and program.

(15)      "Respondent"means a person who is alleged to be incompetent in a proceeding under thisSubchapter.

(16)      "Treatmentfacility" has the same meaning as "facility" in G.S. 122C‑3(14),and includes group homes, halfway houses, and other community‑basedresidential facilities.

(17)      "Ward"means a person who has been adjudicated incompetent or an adult or minor forwhom a guardian has been appointed by a court of competent jurisdiction. (1987,c. 550, s. 1; 1989, c. 473, s. 11; 1997‑443, s. 11A.11.)