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 a guardian in order to help them exercise their rights, including the management of their property and personal affairs. (2) Incompetent persons who are not able to act […]
35A-1202. Definitions. The following definitions apply in this Subchapter: (1) Accounting. – The financial or status reports filed with the clerk, designated agency, respondent, or other person or party with whom the reports are required to be filed. (2) Clerk. – The clerk of superior court. (3) Designated agency. – The State or local human […]
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 general guardians for incompetent persons and of related proceedings brought or filed under this Subchapter. Clerks of superior court in their respective counties have original […]
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 unless the clerk in that county has transferred the matter to a different county, in which case venue is in the county to which the matter has been […]
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 or on the court’s own motion, for good cause order that the matter be transferred to a different county. The transferring clerk shall enter a […]
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 clerk and sealed with the clerk’s seal of office. In all cases, the clerk shall specify in the order and letters of appointment whether the guardian […]
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 of the order appointing a guardian or guardians or consideration of any matter pertaining to the guardianship. (b) The clerk shall treat all such requests, […]
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 suspending the authority of a health care agent, as that term is defined in G.S. 32A-16(2). (b) A guardian of the person or general […]
