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NC Office of Special Counsel

NC Office of Special Counsel

Ensuring that well-trained, qualified counsel are available to represent children and adults facing civil commitment

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For Guardians


As a guardian in the involuntary commitment (IVC) or general civil commitment process in North Carolina, your primary duty is to ensure the overall well-being and best interests of the ward. This includes making crucial decisions regarding their health care and living arrangements. Only general guardians and guardians of the person have the authority to admit individuals into treatment facilities. This responsibility extends to overseeing the ward’s daily care, medical needs, and any other requirements that promote their safety and welfare. A guardian must be actively involved in the treatment process such as being accessible to medical professionals for necessary decisions.

Importantly, following the discharge of a ward from a treatment facility, it is the guardian’s responsibility to pick up the patient. The law emphasizes that the guardian must be present and proactive in ensuring the safe transition of the ward back into the community or to an appropriate living environment. FAILURE TO PICK UP DISCHARGED PATIENTS is a significant neglect of duty and can jeopardize the well-being of the ward. Guardians must understand that their role does not end with admission but continues through to post-discharge care and support. Guardians are legally and morally obligated to ensure that their wards receive continuous and comprehensive care throughout their treatment and beyond.

For detailed guidelines and statutory requirements, refer to the North Carolina General Statutes Chapter 35A and Chapter 122C, specifically G.S. §35A-1241.

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Contact

P.O. Box 2448
Raleigh, NC 27602

(919) 733-5544

General Assembly

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  • G.S. § 122C

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UNC School of Government – Commitments Manual

Content Developed by JD Candidates Sulaimane Bangura & Aleah Wordsworth

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