§ 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-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 […]
§ 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 […]