§ 35A-1380 – Bond.
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 or G.S. 35A-1374, provided that: (i) the clerk need not require a bond if the bond requirement is waived in writing by the petitioner or designator; and (ii) […]
§ 35A-1381 – Accounting.
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.)
§ 35A-1382 – Termination.
35A-1382. Termination. (a) Any standby guardianship created under this Article shall continue until: (1) If the ward is a minor child, the child reaches 18 years of age unless sooner terminated by order of the clerk who entered the order appointing the standby guardian. (2) Revocation pursuant to this Article. (3) Renunciation pursuant to this […]
§ 35A-1371 – Jurisdiction; limits.
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 for a minor child under this Article. Provided that the clerk shall have no jurisdiction, no standby guardian may be appointed under this Article, and no designation […]
§ 35A-1372 – Standby guardianship; applicability.
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 standby guardian is unwilling or unable to serve as a standby guardian and the designator or petitioner has identified an alternate standby guardian, then the alternate […]
§ 35A-1373 – Appointment by petition of standby guardian; petition, notice, hearing, order.
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 (i) in the case of a minor child, by filing a petition with the clerk of superior court of the county in which the minor child resides […]
§ 35A-1374 – Appointment by written designation; form.
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 least 18 years of age, other than the standby guardian or alternate standby guardian, who shall also sign the writing. Another person may sign […]
§ 35A-1375 – Determination of incapacity or debilitation.
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 or designator for purposes of this Article. (b) A determination of incapacity or debilitation shall: (1) Be made by the attending physician to a […]
§ 35A-1376 – Restoration of capacity or ability; suspension of guardianship.
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 or designator is subsequently restored to capacity or ability to care for the child, the authority of the standby guardian based […]
§ 35A-1377 – Authority concurrent to parental rights.
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 or designator of any parental or guardianship rights, but shall confer upon the standby guardian concurrent authority with respect to the minor child. (1995, […]