§ 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-1220 – Absence of natural guardian.
35A-1220. Absence of natural guardian. When a minor either has no natural guardian or has been abandoned, and the minor requires services from the county department of social services, the social services director in the county in which the minor resides or is domiciled shall be the guardian of the person of the minor until […]
§ 35A-1221 – Application before clerk.
35A-1221. Application before clerk. Any person or corporation, including any State or local human services agency through its authorized representative, may make application for the appointment of a guardian of the estate for any minor or for the appointment of a guardian of the person or general guardian for any minor who has no natural […]
§ 35A-1130 – Proceedings before clerk.
35A-1130. Proceedings before clerk. (a) The guardian, ward, or any other interested person may petition for restoration of the ward to competency by filing a motion in the cause of the incompetency proceeding with the clerk who is exercising jurisdiction therein. The motion shall be verified and shall set forth facts tending to show that […]
§ 35A-1201 – Purpose.
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.
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.
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.
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.
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.
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 […]