North Carolina General Statutes Chapter 35A Incompetency and Guardianship

Article 1 - Determination of Incompetence.

  • N.C. Gen. Stat. § 35A-1101.   Definitions
    When used in this Subchapter: (1) "Autism" means a physical disorder of the brain which causes disturbances in the developmental rate of physical, social,...
  • N.C. Gen. Stat. § 35A-1102.   Scope of law; exclusive procedure
    This Article establishes the exclusive procedure for adjudicating a person to be an incompetent adult or an incompetent child. However, nothing in this Article...
  • N.C. Gen. Stat. § 35A-1103.   Jurisdiction; venue
    (a) The clerk in each county shall have original jurisdiction over proceedings under this Subchapter. (b) Venue for proceedings under this Subchapter shall be...
  • N.C. Gen. Stat. § 35A-1104.   Change of venue
    The clerk, on motion of a party or the clerk's own motion, may order a change of venue upon finding that no hardship or...
  • N.C. Gen. Stat. § 35A-1105.   Petition before clerk
    A verified petition for the adjudication of incompetence of an adult, or of a minor who is within six months of reaching majority, may...
  • N.C. Gen. Stat. § 35A-1106.   Contents of petition
    The petition shall set forth, to the extent known: (1) The name, age, address, and county of residence of the respondent; (2) The name,...
  • N.C. Gen. Stat. § 35A-1107.   Right to counsel or guardian ad litem
    (a) The respondent is entitled to be represented by counsel of his own choice or by an appointed guardian ad litem. Upon filing of...
  • N.C. Gen. Stat. § 35A-1108.   Issuance of notice
    (a) Within five days after filing of the petition, the clerk shall issue a written notice of the date, time, and place for a...
  • N.C. Gen. Stat. § 35A-1109.   Service of notice and petition
    Copies of the petition and initial notice of hearing shall be personally served on the respondent. Respondent's counsel or guardian ad litem shall be...
  • N.C. Gen. Stat. § 35A-1110.   Right to jury
    The respondent has a right, upon request by him, his counsel, or his guardian ad litem, to trial by jury. Failure to request a...
  • N.C. Gen. Stat. § 35A-1111.   Multidisciplinary evaluation
    (a) To assist in determining the nature and extent of a respondent's disability, or to assist in developing an appropriate guardianship plan and program,...
  • N.C. Gen. Stat. § 35A-1112.   Hearing on petition; adjudication order
    (a) The hearing on the petition shall be at the date, time, and place set forth in the final notice of hearing and shall...
  • N.C. Gen. Stat. § 35A-1113.   Hearing when incompetence determined in another state
    When the petition alleges that the respondent is incompetent on the basis of an adjudication that occurred in another state, the clerk in his...
  • N.C. Gen. Stat. § 35A-1114.   Appointment of interim guardian
    (a) At the time of or subsequent to the filing of a petition under this Article, the petitioner may also file a verified motion...
  • N.C. Gen. Stat. § 35A-1115.   Appeal from clerk's order
    Appeal from an order adjudicating incompetence shall be to the superior court for hearing de novo and thence to the Court of Appeals. An...
  • N.C. Gen. Stat. § 35A-1116.   Costs and fees
    (a) Costs. - Except as otherwise provided herein, costs shall be assessed as in special proceedings. Costs, including any reasonable fees and expenses of...
  • N.C. Gen. Stat. § 35A-1117 through 35A-1119.   Reserved for future codification purposes

Article 2 - Appointment of Guardian.

  • N.C. Gen. Stat. § 35A-1120.   Appointment of guardian
    If the respondent is adjudicated incompetent, a guardian or guardians shall be appointed in the manner provided for in Subchapter II of this Chapter....
  • N.C. Gen. Stat. § 35A-1121 through 35A-1129.   Reserved for future codification purposes

Article 3 - Restoration to Competency.

  • N.C. Gen. Stat. § 35A-1130.   Proceedings before clerk
    (a) The guardian, ward, or any other interested person may petition for restoration of the ward to competency by filing a motion in the...
  • N.C. Gen. Stat. § 35A-1131 through 35A-1200.   Reserved for future codification purposes

Article 4 - Purpose and Scope; Jurisdiction; Venue.

  • N.C. Gen. Stat. § 35A-1201.   Purpose
    (a) The General Assembly of North Carolina recognizes that: (1) Some minors and incompetent persons, regardless of where they are living, require the assistance...
  • N.C. Gen. Stat. § 35A-1202.   Definitions
    When used in this Subchapter, unless a contrary intent is indicated or the context requires otherwise: (1) "Accounting" means the financial or status reports...
  • N.C. Gen. Stat. § 35A-1203.   Jurisdiction; authority of clerk
    (a) Clerks of superior court in their respective counties have original jurisdiction for the appointment of guardians of the person, guardians of the estate,...
  • N.C. Gen. Stat. § 35A-1204.   Venue
    (a) Venue for the appointment of a guardian for an incompetent person is in the county in which the person was adjudicated to be...
  • N.C. Gen. Stat. § 35A-1205.   Transfer to different county
    At any time before or after appointing a guardian for a minor or incompetent person the clerk may, on a motion filed in the...
  • N.C. Gen. Stat. § 35A-1206.   Letters of appointment
    Whenever a guardian has been duly appointed and qualified under this Subchapter, the clerk shall issue to the guardian letters of appointment signed by...
  • N.C. Gen. Stat. § 35A-1207.   Motions in the cause
    (a) Any interested person may file a motion in the cause with the clerk in the county where a guardianship is docketed to request...
  • N.C. Gen. Stat. § 35A-1208.   Authority for health care decisions
    (a) A guardian of the person or general guardian of an incompetent adult may petition the Clerk, in accordance with G.S. 32A-22(a), for an...
  • N.C. Gen. Stat. § 35A-1209.   Reserved for future codification purposes

Article 5 - Appointment of Guardian for Incompetent Person.

  • N.C. Gen. Stat. § 35A-1210.   Application before clerk
    Any individual, corporation, or disinterested public agent may file an application for the appointment of a guardian for an incompetent person by filing the...
  • N.C. Gen. Stat. § 35A-1211.   Service of application, motions, and notices
    (a) Application for appointment of a guardian and related motions and notices shall be served on the respondent, respondent's counsel or guardian ad litem,...
  • N.C. Gen. Stat. § 35A-1212.   Hearing before clerk on appointment of guardian
    (a) The clerk shall make such inquiry and receive such evidence as the clerk deems necessary to determine: (1) The nature and extent of...
  • N.C. Gen. Stat. § 35A-1212.1.   Recommendation of appointment of guardian by will or other writing
    Any parent may by will recommend appointment of a guardian for an unmarried child who has been adjudicated an incompetent person and specify desired...
  • N.C. Gen. Stat. § 35A-1213.   Qualifications of guardians
    (a) The clerk may appoint as guardian an adult individual, a corporation, or a disinterested public agent. The applicant may submit to the clerk...
  • N.C. Gen. Stat. § 35A-1214.   Priorities for appointment
    The clerk shall consider appointing a guardian according to the following order of priority: an individual recommended under G.S. 35A-1212.1; an individual; a corporation;...
  • N.C. Gen. Stat. § 35A-1215.   Clerk's order; issuance of letters of appointment
    (a) When appointing a guardian, the clerk shall enter an order setting forth: (1) The nature of the guardianship or guardianships to be created...
  • N.C. Gen. Stat. § 35A-1216.   Rule-making power of Secretary of Health and Human Services
    The Secretary of the Department of Health and Human Services shall adopt rules concerning the guardianship responsibilities of disinterested public agents. The rules shall...
  • N.C. Gen. Stat. § 35A-1217.   Appointment of guardian ad litem for incompetent ward
    The clerk shall appoint a guardian ad litem to represent a ward in a proceeding under this Subchapter if the ward has been adjudicated...
  • N.C. Gen. Stat. § 35A-1218.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 35A-1219.   Reserved for future codification purposes

Article 6 - Appointment of Guardian for a Minor.

  • N.C. Gen. Stat. § 35A-1220.   Absence of natural guardian
    When a minor either has no natural guardian or has been abandoned, and the minor requires services from the county department of social services,...
  • N.C. Gen. Stat. § 35A-1221.   Application before clerk
    Any person or corporation, including any State or local human services agency through its authorized representative, may make application for the appointment of a...
  • N.C. Gen. Stat. § 35A-1222.   Service of application and notices
    A copy of the application and written notice of the time, date, and place set for a hearing shall be served on each parent,...
  • N.C. Gen. Stat. § 35A-1223.   Hearing before clerk on appointment of guardian
    The clerk shall receive evidence necessary to determine whether a guardian of the person, a guardian of the estate, or a general guardian is...
  • N.C. Gen. Stat. § 35A-1224.   Criteria for appointment of guardians
    (a) The clerk may appoint a guardian of the estate for any minor. The clerk may appoint a guardian of the person or a...
  • N.C. Gen. Stat. § 35A-1225.   Testamentary recommendation; guardian for incompetent minor
    (a) Parents are presumed to know the best interest of their children. Any parent may by last will and testament recommend a guardian for...
  • N.C. Gen. Stat. § 35A-1226.   Clerk's order; issuance of letters of appointment
    After considering the evidence, the clerk shall enter an appropriate order. If the clerk determines that a guardian or guardians should be appointed, the...
  • N.C. Gen. Stat. § 35A-1227.   Funds owed to minors
    (a) Certain insurance proceeds or other funds to which a minor is entitled may be paid to and administered by the public guardian or...
  • N.C. Gen. Stat. § 35A-1228.   Guardians of children of servicemen; allotments and allowances
    In all cases where a person serving in the Armed Forces of the United States has made an allotment or allowance to a resident...
  • N.C. Gen. Stat. § 35A-1229.   Reserved for future codification purposes

Article 7 - Guardian's Bond.

  • N.C. Gen. Stat. § 35A-1230.   Bond required before receiving property
    Except as otherwise provided by G.S. 35A-1212.1 and G.S. 35A-1225(a), no general guardian or guardian of the estate shall be permitted to receive the...
  • N.C. Gen. Stat. § 35A-1231.   Terms and conditions of bond; increase on sale of realty or personal property
    (a) Before issuing letters of appointment to a general guardian or guardian of the estate the clerk shall require the guardian to give a...
  • N.C. Gen. Stat. § 35A-1232.   Exclusion of deposited money in computing amount of bond
    (a) When it appears that the ward's estate includes money that has been or will be deposited in an account with a financial institution...
  • N.C. Gen. Stat. § 35A-1233.   Clerk's authority to reduce penalty of bond
    When a guardian has disbursed either income or income and principal of the estate according to law, for the purchase of real estate or...
  • N.C. Gen. Stat. § 35A-1234.   Action on bond
    Any person injured by a breach of the condition of the guardian's bond may prosecute a suit thereon, as in other actions. (1987, c....
  • N.C. Gen. Stat. § 35A-1235.   One bond sufficient when several wards have estate in common
    When the same person is appointed guardian for two or more minors or incompetent persons possessed of one estate in common, the clerk may...
  • N.C. Gen. Stat. § 35A-1236.   Renewal of bond
    Every guardian who is required to post a bond and who does so other than through a duly authorized surety company shall renew his...
  • N.C. Gen. Stat. § 35A-1237.   Relief of endangered sureties
    Any surety of a guardian, who is in danger of sustaining loss by his suretyship, may file a motion in the cause before the...
  • N.C. Gen. Stat. § 35A-1238.   Clerk's liability
    (a) If any clerk commits the estate of a ward to the guardianship of any person without taking good and sufficient bond for the...
  • N.C. Gen. Stat. § 35A-1239.   Health and Human Services bond
    The Secretary of the Department of Health and Human Services shall require or purchase individual or blanket bonds for all disinterested public agents appointed...

Article 8 - Powers and Duties of Guardian of the Person.

  • N.C. Gen. Stat. § 35A-1240.   Applicability of Article
    This Article applies only to guardians of the person, including general guardians exercising authority as guardian of the person. (1987, c. 550, s. 1.)
  • N.C. Gen. Stat. § 35A-1241.   Powers and duties of guardian of the person
    (a) To the extent that it is not inconsistent with the terms of any order of the clerk or any other court of competent...
  • N.C. Gen. Stat. § 35A-1242.   Status reports for incompetent wards
    (a) Any corporation or disinterested public agent that is guardian of the person for an incompetent person, within six months after being appointed, shall...
  • N.C. Gen. Stat. § 35A-1243.   Duties of designated agency
    (a) Within 30 days after it receives a status report, the designated agency shall certify to the clerk that it has reviewed the report...
  • N.C. Gen. Stat. § 35A-1244.   Procedure to compel status reports
    If a guardian of the person fails to file a status report as required, or renders an unsatisfactory report, the clerk shall, on his...
  • N.C. Gen. Stat. § 35A-1245.   Procedure to permit the sterilization of a mentally ill or a mentally retarded ward in the case of medical necessity
    (a) A guardian of the person shall not consent to the sterilization of a mentally ill or mentally retarded ward unless an order from...
  • N.C. Gen. Stat. § 35A-1246 through 35A-1249.   Reserved for future codification purposes

Article 9 - Powers and Duties of Guardian of the Estate.

  • N.C. Gen. Stat. § 35A-1250.   Applicability of Article
    (a) This Article applies only to guardians of the estate, including general guardians exercising authority as guardian of the estate. A guardian of the...
  • N.C. Gen. Stat. § 35A-1251.   Guardian's powers in administering incompetent ward's estate
    In the case of an incompetent ward, a general guardian or guardian of the estate has the power to perform in a reasonable and...
  • N.C. Gen. Stat. § 35A-1252.   Guardian's powers in administering minor ward's estate
    In the case of a minor ward, a general guardian or guardian of the estate has the power to perform in a reasonable and...
  • N.C. Gen. Stat. § 35A-1253.   Specific duties of guardian of estate
    In addition to any other duties imposed by law or by order of the clerk, a general guardian or guardian of the estate shall...
  • N.C. Gen. Stat. § 35A-1254 through 35A-1259.   Reserved for future codification purposes

Article 10 - Returns and Accounting.

  • N.C. Gen. Stat. § 35A-1260.   Applicability
    This Article applies only to general guardians and guardians of the estate. (1987, c. 550, s. 1.)
  • N.C. Gen. Stat. § 35A-1261.   Inventory or account within three months
    Every guardian, within three months after his appointment, shall file with the clerk an inventory or account, upon oath, of the estate of his...
  • N.C. Gen. Stat. § 35A-1262.   Procedure to compel inventory or account
    (a) In cases of default to file the inventory or account required by G.S. 35A-1261, the clerk must issue an order requiring the guardian...
  • N.C. Gen. Stat. § 35A-1263.   Repealed by Session Laws 1989, c. 473, s. 28
  • N.C. Gen. Stat. § 35A-1263.1.   Supplemental inventory
    Whenever any property not included in the original inventory report becomes known to the guardian or whenever the guardian learns that the valuation or...
  • N.C. Gen. Stat. § 35A-1264.   Annual accounts
    Every guardian shall, within 30 days after the expiration of one year from the date of his qualification or appointment, and annually, so long...
  • N.C. Gen. Stat. § 35A-1265.   Procedure to compel accounting
    (a) If any guardian omits to account, as directed in G.S. 35A-1264, or renders an insufficient and unsatisfactory account, the clerk shall forthwith order...
  • N.C. Gen. Stat. § 35A-1266.   Final account and discharge of guardian
    Within 60 days after a guardianship is terminated under G.S. 35A-1295, the guardian shall file a final account for the period from the end...
  • N.C. Gen. Stat. § 35A-1267.   Expenses and disbursements credited to guardian
    Every guardian may charge in his annual account all reasonable disbursements and expenses; and if it appear that he has really and bona fide...
  • N.C. Gen. Stat. § 35A-1268.   Guardian to exhibit investments and bank statements
    At the time the accounts required by this Article and other provisions of law are filed, the clerk shall require the guardian to exhibit...
  • N.C. Gen. Stat. § 35A-1269.   Commissions
    The clerk shall allow commissions to the guardian for his time and trouble in the management of the ward's estate, in the same manner...

Article 11 - Public Guardians.

  • N.C. Gen. Stat. § 35A-1270.   Appointment; term; oath
    There may be in every county a public guardian, to be appointed by the clerk for a term of eight years. The public guardian...
  • N.C. Gen. Stat. § 35A-1271.   Bond of public guardian; increasing bond
    The public guardian shall enter into bond with three or more sureties, approved by the clerk in the penal sum of six thousand dollars...
  • N.C. Gen. Stat. § 35A-1272.   Powers, duties, liabilities, compensation
    The powers and duties of said public guardian shall be the same as other guardians, and he shall be subject to the same liabilities...
  • N.C. Gen. Stat. § 35A-1273.   When letters issue to public guardian
    The public guardian shall apply for and obtain letters of guardianship in the following cases: (1) When a period of six months has elapsed...
  • N.C. Gen. Stat. § 35A-1274 through 35A-1279.   Reserved for future codification purposes

Article 12 - Nonresident Ward Having Property in State.

  • N.C. Gen. Stat. § 35A-1280.   Appointment of ancillary guardian
    (a) A clerk may appoint an ancillary guardian whenever it appears by petition or application and due proof to the satisfaction of the clerk...
  • N.C. Gen. Stat. § 35A-1281.   Removal of ward's personalty from State
    (a) For purposes of this section, the term "personal estate" means: (1) Personal property; (2) Personal property substituted for realty by decree of court;...
  • N.C. Gen. Stat. § 35A-1282 through 35A-1289.   Reserved for future codification purposes

Article 13 - Removal or Resignation of Guardian; Successor Guardian; Estates Without Guardians; Termination of Guardianship.

  • N.C. Gen. Stat. § 35A-1290.   Removal by Clerk
    (a) The clerk has the power and authority on information or complaint made to remove any guardian appointed under the provisions of this Subchapter,...
  • N.C. Gen. Stat. § 35A-1291.   Emergency removal; interlocutory orders on revocation
    The clerk may remove a guardian without hearing if the clerk finds reasonable cause to believe that an emergency exists that threatens the physical...
  • N.C. Gen. Stat. § 35A-1292.   Resignation
    (a) Any guardian who wishes to resign shall file a motion with the clerk setting forth the circumstances of the case. If a general...
  • N.C. Gen. Stat. § 35A-1293.   Appointment of successor guardian
    Upon the removal, death, or resignation of a guardian, the clerk shall appoint a successor guardian following the same criteria that would apply to...
  • N.C. Gen. Stat. § 35A-1294.   Estates without guardians
    (a) Whenever a general guardian or guardian of the estate is removed, resigns, or stops serving without making a full and proper accounting, the...
  • N.C. Gen. Stat. § 35A-1295.   Termination of guardianship
    (a) Every guardianship shall be terminated and all powers and duties of the guardian provided in Article 9 of this Chapter shall cease when...
  • N.C. Gen. Stat. § 35A-1296 through 35A-1300.   Reserved for future codification purposes

Article 14 - Sale, Mortgage, Exchange or Lease of Ward's Estate.

  • N.C. Gen. Stat. § 35A-1301.   Special proceedings to sell, exchange, mortgage, or lease
    (a) Whenever used herein, the word "guardian" shall be construed to include general guardian, guardian of the estate, ancillary guardian, next friend, guardian ad...
  • N.C. Gen. Stat. § 35A-1302.   Procedure when real estate lies in county in which guardian does not reside
    In all cases where a guardian is appointed under the authority of Chapter 35A and such guardian applies to the court for an order...
  • N.C. Gen. Stat. § 35A-1303.   Fund from sale has character of estate sold and subject to same trusts
    Whenever, in consequence of any sale under G.S. 35A-1301, the real or personal property of the ward is saved from demands to which in...
  • N.C. Gen. Stat. § 35A-1304.   Repealed by Session Laws 1989, c. 473, s. 7
  • N.C. Gen. Stat. § 35A-1305.   When timber may be sold
    In case the land cannot be rented for enough to pay the taxes and other dues thereof, and there is not money sufficient for...
  • N.C. Gen. Stat. § 35A-1306.   Abandoned incompetent spouse
    (a) A guardian of a married person found incompetent who has been abandoned, whether the guardian was appointed before or after the abandonment, may...
  • N.C. Gen. Stat. § 35A-1307.   Spouse of incompetent husband or wife entitled to special proceeding for sale of real property
    Every married person whose husband or wife is adjudged incompetent and is confined in a mental hospital or other institution in this State, and...
  • N.C. Gen. Stat. § 35A-1308 through 35A-1309.   Reserved for future codification purposes

Article 15 - Mortgage or Sale of Estates Held by the Entireties.

  • N.C. Gen. Stat. § 35A-1310.   Where one spouse or both incompetent; special proceeding before clerk
    In all cases where a husband and wife shall be seized of property as an estate by the entireties, and the wife or the...
  • N.C. Gen. Stat. § 35A-1311.   General law applicable; approved by judge
    The proceedings herein provided for shall be conducted under and shall be governed by laws pertaining to special proceedings, and it shall be necessary...
  • N.C. Gen. Stat. § 35A-1312.   Proceeding valid in passing title
    Any mortgage, deed, or deed of trust executed under authority of this Article by a regularly conducted special proceeding as provided shall have the...
  • N.C. Gen. Stat. § 35A-1313.   Clerk may direct application of funds; purchasers and mortgagees protected
    In all cases conducted under this Article it shall be competent for the court, in its discretion, to direct the application of funds arising...
  • N.C. Gen. Stat. § 35A-1314.   Prior sales and mortgages validated
    Any and all special proceedings under which estates by the entireties have been sold or mortgaged prior to March 5, 1935, under circumstances contemplated...
  • N.C. Gen. Stat. § 35A-1315 through 35A-1319.   Reserved for future codification purposes

Article 16 - Surplus Income and Advancements.

  • N.C. Gen. Stat. § 35A-1320.   Repealed by Session Laws 1989, c. 473, s. 14
  • N.C. Gen. Stat. § 35A-1321.   Advancement of surplus income to certain relatives
    When any incompetent person, of full age, and not having made a valid will, has children or grandchildren (such grandchildren being the issue of...
  • N.C. Gen. Stat. § 35A-1322.   Advancement to adult child or grandchild
    When such incompetent person is possessed of a real or personal estate in excess of an amount more than sufficient to abundantly and amply...
  • N.C. Gen. Stat. § 35A-1323.   For what purpose and to whom advanced
    Such advancements shall be ordered only for the better promotion in life of such as are of age, or married, and for the maintenance,...
  • N.C. Gen. Stat. § 35A-1324.   Distributees to be parties to proceeding for advancements
    In every application for such advancements, the guardian of the incompetent person and all such other persons shall be parties as would at that...
  • N.C. Gen. Stat. § 35A-1325.   Advancements to be equal; accounted for on death
    The clerk, in ordering such advancements, shall, as far as practicable, so order the same as that, on the death of the incompetent person,...
  • N.C. Gen. Stat. § 35A-1326.   Advancements to those most in need
    When the surplus aforesaid or advancement from the principal estate is not sufficient to make distribution among all the parties, the clerk may select...
  • N.C. Gen. Stat. § 35A-1327.   Advancements to be secured against waste
    It is the duty of the clerk to withhold advancements from such persons as will probably waste them, or so to secure the same,...
  • N.C. Gen. Stat. § 35A-1328.   Appeal; removal to superior court
    Any person made a party may appeal from any order of the clerk; or may, when the pleadings are finished, require that all further...
  • N.C. Gen. Stat. § 35A-1329.   Advancements only when incompetence permanent
    No such application shall be allowed under this Article but in cases of such permanent and continued incompetence as that the incompetent person shall...
  • N.C. Gen. Stat. § 35A-1330.   Orders suspended upon restoration of competence
    Upon such incompetent person's being restored to competence, every order made for advancements shall cease to be further executed, and his estate shall be...
  • N.C. Gen. Stat. § 35A-1331 through 35A-1334.   Reserved for future codification purposes

Article 17 - Gifts from Income for Certain Purposes.

  • N.C. Gen. Stat. § 35A-1335.   Gifts authorized with approval of judge of superior court
    With the approval of the resident judge of the superior court of the district in which the guardian was appointed, upon a duly verified...
  • N.C. Gen. Stat. § 35A-1336.   Prerequisites to approval by judge of gifts for governmental or charitable purposes
    The judge shall not approve gifts from income for governmental or charitable purposes unless it appears to the judge's satisfaction that all of the...
  • N.C. Gen. Stat. § 35A-1336.1.   Prerequisites to approval by judge of gifts to individuals
    The judge shall not approve gifts from income to individuals unless it appears to the judge's satisfaction that both the following requirements are met:...
  • N.C. Gen. Stat. § 35A-1337.   Fact that incompetent had not previously made similar gifts
    The judge shall not withhold his approval merely because the incompetent, prior to becoming incompetent, had not made gifts to the same donees or...
  • N.C. Gen. Stat. § 35A-1338.   Validity of gift
    A gift made with the approval of the judge under the provisions of this Article shall be deemed a gift by the incompetent and...
  • N.C. Gen. Stat. § 35A-1339.   Reserved for future codification purposes

Article 18 - Gifts from Principal for Certain Purposes.

  • N.C. Gen. Stat. § 35A-1340.   Gifts authorized with approval of judge of superior court
    With the approval of the resident judge of the superior court of the district in which the guardian was appointed upon a duly verified...
  • N.C. Gen. Stat. § 35A-1341.   Prerequisites to approval by judge of gifts for governmental or charitable purposes
    The judge shall not approve any gifts from principal for governmental or charitable purposes unless it appears to the judge's satisfaction all of the...
  • N.C. Gen. Stat. § 35A-1341.1.   Prerequisites to approval by judge of gifts to individuals
    The judge shall not approve gifts from principal to individuals unless it appears to the judge's satisfaction that all of the following requirements have...
  • N.C. Gen. Stat. § 35A-1342.   Who deemed specific and residuary devisees of incompetent under 35A-1341
    For purposes of G.S. 35A-1341(6)a and G.S. 35A-1341.1(4) and (5), if the paper-writing provides for the residuary estate to be placed in trust for...
  • N.C. Gen. Stat. § 35A-1343.   Notice to minors and incompetents under 35A-1341 and 35A-1341.1
    If any person, to whom notice must be given under the provisions of G.S. 35A-1341 and G.S. 35A-1341.1 is a minor or is incompetent,...
  • N.C. Gen. Stat. § 35A-1344.   Objections to proposed gift; fact that incompetent had previously made similar gifts
    If any objection is filed by one to whom notice has been given under the terms of this Article, the clerk shall bring it...
  • N.C. Gen. Stat. § 35A-1345.   Validity of gift
    A gift made with the approval of the judge under the provisions of this Article shall be deemed to be a gift made by...
  • N.C. Gen. Stat. § 35A-1346 through 35A-1349.   Reserved for future codification purposes

Article 19 - Declaring Revocable Trust Irrevocable and Making Gift of Incompetent's Life Interest Therein.

  • N.C. Gen. Stat. § 35A-1350.   Declaration and gift for certain purposes authorized with approval of judge of superior court
    When a person has created a revocable trust, reserving the income for life, and thereafter has been judicially declared to be incompetent, the guardian...
  • N.C. Gen. Stat. § 35A-1351.   Prerequisites to approval of gift
    The judge shall not approve the gift unless it appears to the judge's satisfaction that: (1) It is improbable that the incompetent will recover...
  • N.C. Gen. Stat. § 35A-1352.   Who deemed specific and residuary devisees of incompetent under 35A-1351
    For purposes of G.S. 35A-1351(5)a. of this Article, if such paper-writing provides for the residuary estate to be placed in trust for a term...
  • N.C. Gen. Stat. § 35A-1353.   Notice to minors and incompetents under 35A-1351
    If any person, to whom notice must be given under the provisions of G.S. 35A-1351(5) of this Article, is a minor or is incompetent,...
  • N.C. Gen. Stat. § 35A-1354.   Objections to proposed declaration and gift; fact that incompetent had not previously made similar gifts
    If any objection is filed by one to whom notice has been given under the terms of this Article, the clerk shall bring it...
  • N.C. Gen. Stat. § 35A-1355.   Validity of declaration and gift
    Such declaration and gift, when made with the approval of the judge and under the provisions of this Article, shall be deemed to be...
  • N.C. Gen. Stat. § 35A-1356 through 35A-1359.   Reserved for future codification purposes

Article 20 - Guardians' Deeds Validated When Seal Omitted.

  • N.C. Gen. Stat. § 35A-1360.   Deeds by guardians omitting seal, prior to January 1, 1944, validated
    All deeds executed prior to the first day of January, 1944, by any guardian, acting under authority obtained by him from the superior court...
  • N.C. Gen. Stat. § 35A-1361.   Certain private sales validated
    All private sales of real and personal property made by a guardian under Article 4 of this Chapter before June 1, 1985, that, under...
  • N.C. Gen. Stat. § 35A-1362 through 35A-1369.   Reserved for future codification purposes

Article 21 - Standby Guardianship.

  • N.C. Gen. Stat. § 35A-1370.   Definitions
    For purposes of this Article: (1) "Alternate standby guardian" means a person identified in either a petition or designation to become the guardian of...
  • N.C. Gen. Stat. § 35A-1371.   Jurisdiction; limits
    Notwithstanding the provisions of Subchapter II of this Chapter, the clerk of superior court shall have original jurisdiction for the appointment of a standby...
  • N.C. Gen. Stat. § 35A-1372.   Standby guardianship; applicability
    This Article provides two methods for appointing a standby guardian: by petition pursuant to G.S. 35A-1373 or by designation pursuant to G.S. 35A-1374. If...
  • N.C. Gen. Stat. § 35A-1373.   Appointment by petition of standby guardian; petition, notice, hearing, order
    (a) A petitioner shall commence a proceeding under this Article for the appointment of a standby guardian of a minor child by filing a...
  • N.C. Gen. Stat. § 35A-1374.   Appointment by written designation; form
    (a) A designator may designate a standby guardian by means of a written designation, signed by the designator in the presence of two witnesses...
  • N.C. Gen. Stat. § 35A-1375.   Determination of incapacity or debilitation
    (a) If requested by the petitioner, designator, or standby guardian, an attending physician shall make a determination regarding the incapacity or debilitation of the...
  • N.C. Gen. Stat. § 35A-1376.   Restoration of capacity or ability; suspension of guardianship
    In the event that the authority of the standby guardian becomes effective upon the receipt of a determination of incapacity or debilitation and the...
  • N.C. Gen. Stat. § 35A-1377.   Authority concurrent to parental rights
    The commencement of the standby guardian's authority pursuant to a determination of incapacity, determination of debilitation, or written consent shall not itself divest the...
  • N.C. Gen. Stat. § 35A-1378.   Powers and duties
    A standby guardian designated pursuant to G.S. 35A-1374 and a guardian of the person or general guardian appointed pursuant to this Article have all...
  • N.C. Gen. Stat. § 35A-1379.   Appointment of guardian ad litem
    (a) The clerk may appoint a volunteer guardian ad litem, if available, to represent the best interests of the minor child and, where appropriate,...
  • N.C. Gen. Stat. § 35A-1380.   Bond
    The bond requirements of Article 7 of this Chapter shall apply to a guardian of the person or general guardian appointed pursuant to G.S....
  • N.C. Gen. Stat. § 35A-1381.   Accounting
    The accounting requirements of Article 10 of this Chapter apply to a general guardian appointed pursuant to this Article. (1995, c. 313, s. 1.)
  • N.C. Gen. Stat. § 35A-1382.   Termination
    Any standby guardianship created under this Article shall continue until the child reaches 18 years of age unless sooner terminated by order of the...

Last modified: March 23, 2014