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Home » US Law » 2022 North Carolina General Statutes » Chapter 35A - Incompetency and Guardianship » Article 13 - Removal or Resignation of Guardian; Successor Guardian; Estates Without Guardians; Termination of Guardianship.

§ 35A-1290 – Removal by Clerk.

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 appoint successor guardians, and to make rules or enter orders for the better management of estates and the better care and maintenance of wards and their […]

§ 35A-1291 – Emergency removal; interlocutory orders on revocation.

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 of the ward or constitutes a risk of substantial injury to the ward’s estate. In all cases where the letters of a guardian […]

§ 35A-1292 – Resignation.

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 guardian or guardian of the estate, at the time of making the application, also exhibits his final account for settlement, and if the clerk is satisfied that the guardian […]

§ 35A-1293 – Appointment of successor guardian.

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 initial appointment of a guardian. (1987, c. 550, s. 1.)

§ 35A-1294 – Estates without guardians.

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 guardian, or the clerk if there is no successor guardian, shall initiate a proceeding to compel an accounting. The surety or sureties on the previous guardian’s […]

§ 35A-1295 – Termination of guardianship.

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 ward: (1) Ceases to be a minor as defined in G.S. 35A-1202(12), (2) Is adjudicated to be restored to competency pursuant to the provisions of G.S. […]