Guardianship bill gutted of provisions that would’ve strengthened the right to counsel
HB 1100 would have required appointment of counsel in guardianship cases regardless of request and specified that the appointed lawyer must determine the wishes of the protected person and advocate for those wishes “to the extent reasonably ascertainable.” However, the bill was enacted as amended — the law is now just a “Guardianship Bill of Rights”, including the right to “a lawyer who advocates for the outcome the ward wants.”
Though this is a step forward, it leaves existing law as-is in terms of requiring a request for counsel in order for appointment to happen. To read more about the problem created by request requirements, see 2025-2026 Right to Counsel in Guardianship Cases Overview, 2026 Updates (describing a 2024 study in Maine, a state with similar request requirements, finding that 75% of respondents were not appointed counsel from 2019-2021).
Bill Status: Enacted
Last action (on 05/29/2026): Governor Signed
The NCCRC submitted testimony largely in support of the amended version of the bill, although urging an additional amendment to eliminate the indigency requirement.
