North Carolina § 35A-1375 Determination of incapacity or debilitation

North Carolina Statutes

§ 35A-1375 — Determination of incapacity or debilitation

North Carolina § 35A-1375

Ch. 35AIncompetency and Guardianship

Art. 21Standby Guardianship

Subch. IVSTANDBY GUARDIANS

This text of North Carolina § 35A-1375 (Determination of incapacity or debilitation) is published on Counsel Stack Legal Research, covering North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.C. Gen. Stat. § 35A-1375 (2026).

Text

(a)If requested by the petitioner, designator, or standby guardian, an attending physician shall make a determination regarding the incapacity or debilitation of the petitioner or designator for purposes of this Article.

(b)A determination of incapacity or debilitation shall:

(1)Be made by the attending physician to a reasonable degree of medical certainty;

(2)Be in writing; and

(3)Contain the attending physician's opinion regarding the cause and nature of the incapacity or debilitation, as well as its extent and probable duration.

(c)The attending physician shall provide a copy of the determination of incapacity or debilitation to the standby guardian, if the standby guardian's identity is known to the physician.

(d)The standby guardian shall ensure that the petitioner or designato

Free access — add to your briefcase to read the full text and ask questions with AI

(a) If requested by the petitioner, designator, or standby guardian, an attending physician shall make a determination regarding the incapacity or debilitation of the petitioner or designator for purposes of this Article.
(b) A determination of incapacity or debilitation shall:
(1) Be made by the attending physician to a reasonable degree of medical certainty;
(2) Be in writing; and
(3) Contain the attending physician's opinion regarding the cause and nature of the incapacity or debilitation, as well as its extent and probable duration.
(c) The attending physician shall provide a copy of the determination of incapacity or debilitation to the standby guardian, if the standby guardian's identity is known to the physician.
(d) The standby guardian shall ensure that the petitioner or designator is informed of the commencement of the standby guardian's authority as a result of a determination of incapacity or debilitation and of the possibility of a future suspension of the standby guardian's authority pursuant to G.S. 35A-1376. (1995, c. 313, s. 1.)