§ 35A-1241. Powers and duties of guardian of the person. - North Carolina Statutes

§ 35A‑1241.  Powers andduties of guardian of the person.

(a)        To the extent thatit is not inconsistent with the terms of any order of the clerk or any othercourt of competent jurisdiction, a guardian of the person has the followingpowers and duties:

(1)        The guardian of theperson is entitled to custody of the person of the guardian's ward and shallmake provision for the ward's care, comfort, and maintenance, and shall, asappropriate to the ward's needs, arrange for the ward's training, education,employment, rehabilitation or habilitation. The guardian of the person shalltake reasonable care of the ward's clothing, furniture, vehicles, and otherpersonal effects that are with the ward.

(2)        The guardian of theperson may establish the ward's place of abode within or without this State. Inarranging for a place of abode, the guardian of the person shall givepreference to places within this State over places not in this State if in‑Stateand out‑of‑State places are substantially equivalent. The guardianalso shall give preference to places that are not treatment facilities. If theonly available and appropriate places of domicile are treatment facilities, theguardian shall give preference to community‑based treatment facilities,such as group homes or nursing homes, over treatment facilities that are notcommunity‑based.

(3)        The guardian of theperson may give any consent or approval that may be necessary to enable theward to receive medical, legal, psychological, or other professional care,counsel, treatment, or service; provided that, if the patient has a health careagent appointed pursuant to a valid health care power of attorney, the healthcare agent shall have the right to exercise the authority granted in the healthcare power of attorney unless the Clerk has suspended the authority of thathealth care agent in accordance with G.S. 35A‑1208. The guardian shallnot, however, consent to the sterilization of a mentally ill or mentallyretarded ward unless the guardian obtains an order from the clerk in accordancewith G.S. 35A‑1245. The guardian of the person may give any other consentor approval on the ward's behalf that may be required or in the ward's bestinterest. The guardian may petition the clerk for the clerk's concurrence inthe consent or approval.

(b)        A guardian of theperson is entitled to be reimbursed out of the ward's estate for reasonable andproper expenditures incurred in the performance of his duties as guardian ofthe ward's person.

(c)        A guardian of theperson, if he has acted within the limits imposed on him by this Article or theorder of appointment or both, shall not be liable for damages to the ward orthe ward's estate, merely by reason of the guardian's:

(1)        Authorizing orgiving any consent or approval necessary to enable the ward to receive legal,psychological, or other professional care, counsel, treatment, or service, in asituation where the damages result from the negligence or other acts of a thirdperson; or

(2)        Authorizing medicaltreatment or surgery for his ward, if the guardian acted in good faith and wasnot negligent. (1987,c. 550, s. 1; 2003‑13, s. 4; 2007‑502, s. 9.)