§ 35A-1211 – Service of application, motions, and notices.
35A-1211. Service of application, motions, and notices. (a) Application for appointment of a guardian and related motions and notices shall be served on the respondent, respondent’s counsel or guardian ad litem, other parties of record, and such other persons as the clerk shall direct. (b) When the application for appointment of a guardian is joined […]
§ 35A-1212 – Hearing before clerk on appointment of guardian.
35A-1212. Hearing before clerk on appointment of guardian. (a) The clerk shall make such inquiry and receive such evidence as the clerk deems necessary to determine: (1) The nature and extent of the needed guardianship; (2) The assets, liabilities, and needs of the ward; and (3) Who, in the clerk’s discretion, can most suitably serve […]
§ 35A-1212.1 – Recommendation of appointment of guardian by will or other writing.
35A-1212.1. Recommendation of appointment of guardian by will or other writing. Any parent may by will recommend appointment of a guardian for an unmarried child who has been adjudicated an incompetent person and specify desired limitations on the powers to be given to the guardian. If both parents make such recommendations, the will with the […]
§ 35A-1213 – Qualifications of guardians.
35A-1213. Qualifications of guardians. (a) The clerk may appoint as guardian an adult individual, a corporation, or a disinterested public agent. The applicant may submit to the clerk the name or names of potential guardians, and the clerk may consider the recommendations of the next of kin or other persons. (b) A nonresident of the […]
§ 35A-1214 – Priorities for appointment.
35A-1214. Priorities for appointment. The clerk shall consider appointing a guardian according to the following order of priority: an individual recommended under G.S. 35A-1212.1; an individual; a corporation; or a disinterested public agent. No public agent shall be appointed guardian until diligent efforts have been made to find an appropriate individual or corporation to serve […]
§ 35A-1215 – Clerk's order; issuance of letters of appointment.
35A-1215. Clerk’s order; issuance of letters of appointment. (a) When appointing a guardian, the clerk shall enter an order setting forth: (1) The nature of the guardianship or guardianships to be created and the name of the person or entity appointed to fill each guardianship; and (2) The powers and duties of the guardian or […]
§ 35A-1216 – Rule-making power of Secretary of Health and Human Services.
35A-1216. Rule-making power of Secretary of Health and Human Services. The Secretary of the Department of Health and Human Services shall adopt rules concerning the guardianship responsibilities of disinterested public agents. The rules shall provide, among other things, that disinterested public agents shall undertake or have received training concerning the powers and responsibilities of guardians. […]
§ 35A-1217 – Appointment of guardian ad litem for incompetent ward.
35A-1217. Appointment of guardian ad litem for incompetent ward. The clerk shall appoint a guardian ad litem to represent a ward in a proceeding under this Subchapter if the ward has been adjudicated incompetent under Subchapter I and the clerk determines that the ward’s interests are not adequately represented. Appointment and discharge of the guardian […]
§ 35A-1210 – Application before clerk.
35A-1210. Application before clerk. Any individual, corporation, or disinterested public agent may file an application for the appointment of a guardian for an incompetent person by filing the same with the clerk. The application may be joined with or filed subsequent to a petition for the adjudication of incompetence under Subchapter I of this Chapter. […]