WRAL Investigates: NC guardianship program stirs concern

WE WILL CHECK IN TO SEE HOW

THIS MEAL IS COMING ALONG.

AND AT A TIME OF YEAR, WHEN OUR

FOCUS IS ON FAMILY, WE WANT TO

TALK ABOUT THOSE WHO ARE NOT AS

FORTUNATE.

ADULT GUARDIANSHIP IS A PROGRAM

DESIGNED TO CARE FOR PEOPLE WHO

CANNOT CARE FOR THEMSELVES.

>> WHETHER IT IS SPECIAL NEEDS,

MENTAL HEALTH, OR OTHER HEALTH

CHALLENGES, THE COUNTY STEPPED

IN WHEN OTHERS DO NOT.

TONIGHT, PEELING BACK SOME OF

THE GUARDIANSHIP LAYERS AND

FINDS THAT IT'S COMPLICATED.

>> FEUDING FAMILIES.

>> MY MOTHER NEVER WAS

INCOMPETENT.

>> I WANT MY MOTHER AND MY

SISTER BACK.

>> ADULT GUARDIANSHIP DRAMA.

>> WELL, THIS IS THE HIGHLY

CHARGED COMPLICATED CASES.

>> THIS IS A SPECIAL PROCEEDING

DECISION.

SERVICE JUDGES AND DISPUTED

GUARDIANSHIP CASES.

>> WE HAVE BEEN SPENT ON PAST

LAPTOP.

HAVE A FIRE EXTINGUISHER THEY

JUST CAN'T PROTECT THEMSELVES

IS THAT HAPPENING THEY

INVESTIGATE, AND THEY SAT ON

THE THREE PEOPLE WHO FEEL THAT

THEIR RELATIVES HAVE BEEN

LEGALLY KIDNAPPED.

FOR VICKI IT'S HER MOTHER.

>> THAT'S A SYSTEM THAT'S

SUPPOSED TO PROTECT PEOPLE IT'S

HARMING PEOPLE.

>> THE SISTER AND MOTHER AS

WELL.

>> WELL I WANT GUARDIANSHIP OF

MY SISTER INSTEAD OF MY MOTHER.

THEY DENIED US.

>> AND THE REVEREND FEELS THAT

HER BROTHER IS CAUGHT UP IN THE

MIDDLE OF THE GUARDIANSHIP TUG-

OF-WAR.

>> IT'S NOT RIGHT.

>> UNDER STATE LAW THOSE DEEMED

INCOMPETENT BY COUNTY CLERK CAN

BE PLACING GUARDIANSHIP.

THEY COULD SERVE AS GUARDIAN.

WHEN THEY FIGHT, THE COUNTY

STEPPED IN.

THEY COULD BE APPOINTED TO

THOSE CARE DECISIONS.

THERE ARE STATES THAT ARE DOING

MORE OVERSIGHT AND MONITORING.

THAT'S ONE OF THE THINGS THAT

OUR GROUP IS REALLY INTERESTED

IN UNDERSTANDING.

>> LINDA LEADS A GROUP OF

RETHINKING GUARDIANSHIP.

>> WE ARE LOOKING AT THE

STATUTE TO BRING FORTH ABOUT

SIX OR SEVEN AREAS THAT WE LIKE

TO SEE UPDATED.

>> ONE GOAL IS MORE CONSISTENCY

HERE FROM COUNTY TO COUNTY.

THEY WENT TO COURT RECORDS

PETITIONS TO RESTORE

COMPETENCY.

THE STATEWIDE 73% OF CASES ARE

GRANTED IN PART OR IN FULL.

IN WAKE COUNTY, 55% HAVE

COMPETENCY RESTORED.

>> CAN YOU UNDERSTAND THE

FRUSTRATION SOME OF THE

FAMILIES CLICK

>> OF COURSE.

I CAN UNDERSTAND THE

FRUSTRATION.

>> WILLIAMS CAN'T COMMENT BUT

ARGUES, THAT HIS STAFF MUST

SEPARATE A MOTION FROM THE

WALL.

>> THAT'S THE BEST INTEREST OF

THAT PERSON.

EVERYTHING THAT WE DO IS GEARED

TOWARDS THAT.

>> IN HIGHLY CHARGED CASES, THE

BEST INTEREST IS DISPUTED.

>> THEY WERE SAYING, YOU DON'T

FEEL LIKE YOU'VE BEEN GIVEN DUE

PROCESS.

>> VARIANCE OF GROUPS ARE

CALLING FOR MORE OVERSIGHT IN

REGULAR FINANCIAL AUDIT THAT

THE STATE IS CAPPED AND

SOMETIMES DRAINED IT TO PAY FOR

THE ATTORNEYS AND CHARACTERS

ADD TO THE FAMILY FRUSTRATION.

AND FOR THAT REASON, THEY URGE

FAMILIES TO CREATE THOSE WELL

IN ADVANCE.

TO TRY TO AVOID GUARDIANSHIP

ALTOGETHER.

>> IT COULD BE AGONIZING FOR

THESE FAMILIES.

>>> NORTH CAROLINA'S POPULATION

OF PEOPLE 65 AND OLDER IS ABOUT

1.5 MILLION.

TO LEARN MORE ABOUT WHAT YOU

NEED TO KNOW BEFORE CONSIDERING

IT FOR YOUR LOVED ONES, CHECK

OUT RETHINKING GUARDIANSHIP.

YOU CAN FIND A LINK WITH THE