§ 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-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, […]
§ 35A-1378 – Powers and duties.
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 the powers, authority, duties, and responsibilities of a guardian appointed pursuant to Subchapter II of this Chapter. (1995, c. 313, s. 1.)
§ 35A-1379 – Appointment of guardian ad litem.
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 or incompetent adult and, where appropriate, express the wishes of the minor child or incompetent adult. (b) The duties of the guardian ad litem, when appointed, shall be […]
§ 35A-1370 – Definitions.
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 person or, when appropriate, the general guardian of a minor child or incompetent adult, pursuant to G.S. 35A-1373 or to G.S. 35A-1374, when the person identified as the […]
§ 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 […]