§ 35A-1232 – Exclusion of deposited money in computing amount of bond.
35A-1232. Exclusion of deposited money in computing amount of bond. (a) When it appears that the ward’s estate includes money that has been or will be deposited in an account with a financial institution upon condition that the money will not be withdrawn except on authorization of the court, the court may, in its discretion, […]
§ 35A-1222 – Service of application and notices.
35A-1222. Service of application and notices. A copy of the application and written notice of the time, date, and place set for a hearing shall be served on each parent, guardian, and legal custodian of the minor who is not an applicant, and on any other person the clerk may direct, including the minor. Service […]
§ 35A-1223 – Hearing before clerk on appointment of guardian.
35A-1223. Hearing before clerk on appointment of guardian. The clerk shall receive evidence necessary to determine whether a guardian of the person, a guardian of the estate, or a general guardian is required. If the court determines that a guardian or guardians are required, the court shall receive evidence necessary to determine the minor’s assets, […]
§ 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. […]