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North Carolina General Statutes Chapter 35A Incompetency and Guardianship

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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, and...
• 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 shall...
• 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 in...
• 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 prejudice...
• 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 be...
• 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, address,...
• 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 the...
• 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 hearing...
• 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 served...
• 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 trial...
• 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, the...
• 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 be...
• 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 discretion...
• 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 with...
• 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 appeal...
• 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 counsel for...
• 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. (1987,...
• 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 cause...
• 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 of...
• 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 filed...
• 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, or...
• 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 incompetent...
• 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 cause...
• 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 the...
• 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 modification...
• 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 order...
• 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 same...
• 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, other...
• 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 the...
• 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 limitations...
• 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 the...
• 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; or...
• 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 and...
• 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 provide,...
• 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 incompetent...
• 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, the...
• 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 guardian...
• 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, guardian,...
• 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 required....
• 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 general...
• 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 any...
• 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 order...
• 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 the...
• 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 of...
• 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 ward's...
• 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 bond...
• 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 upon...
• 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 the...
• 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. 550,...
• 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 take...
• 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 bond...
• 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 clerk...
• 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 same...
• 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 to...

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 jurisdiction,...
• 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 file...
• 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 and...
• 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 own...
• 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 the...
• 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 estate...
• 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 prudent...
• 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 prudent...
• 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 have...
• 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 ward;...
• 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 to...
• 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 description...
• 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 as...
• 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 such...
• 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 of...
• 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 disbursed...
• 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 to...
• 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 and...

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 shall...
• 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 ($6,000),...
• 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 as...
• 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 from...
• 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 that:...
• 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; (3)...
• 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, to...
• 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 well‑being...
• N.C. Gen. Stat. § 35A-1292.   Resignation
  (a) Any guardian who wishes to resign may apply in writing to the clerk, setting forth the circumstances of the case. If a general guardian...
• 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 the...
• 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 successor...
• 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 the...
• 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 litem,...
• 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 to...
• 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 the...
• 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 that...
• 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 initiate...
• 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 who...
• 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 husband...
• 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 for...
• 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 force...
• 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 from...
• 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 in...
• 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 a...
• 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 support...
• 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, support...
• 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 time...
• 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, his...
• 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 and...
• 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, when...
• 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 proceedings...
• 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 be...
• 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 discharged...
• 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 petition...
• 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 following...
• 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: (1)...
• 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 other...
• 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 shall...
• 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 petition,...
• 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 following...
• 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 been...
• 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 a...
• 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, or...
• 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 to...
• 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 the...
• 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 or...
• 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 competency...
• 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 of...
• 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, then...
• 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 to...
• 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 the...
• 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 as...
• 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 G.S....
• 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 the...
• 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 guardian...
• 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 a...
• 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 petition...
• 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 at...
• 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 petitioner...
• 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 petitioner...
• 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 petitioner...
• 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 of...
• 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, express...
• 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. 35A‑1373...
• 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 clerk...

Last modified: February 21, 2012