§ 35A-1207 – Motions in the cause.
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.
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 […]
§ 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. […]
§ 35A-1108 – Issuance of notice.
35A-1108. Issuance of notice. (a) Within five days after filing of the petition, the clerk shall issue a written notice of the date, time, and place for a hearing on the petition, which shall be held not less than 10 days nor more than 30 days after service of the notice and petition on the […]
§ 35A-1109 – Service of notice and petition.
35A-1109. Service of notice and petition. (a) Copies of the petition and initial notice of hearing shall be personally served on the respondent. Respondent’s counsel or guardian ad litem shall be served pursuant to G.S. 1A-1, Rule 4, Rules of Civil Procedure. A sheriff who serves the notice and petition shall do so without demanding […]
§ 35A-1110 – Right to jury.
35A-1110. Right to jury. The respondent has a right, upon request by him, his counsel, or his guardian ad litem, to trial by jury. Failure to request a trial by jury shall constitute a waiver of the right. The clerk may nevertheless require trial by jury in accordance with G.S. 1A-1, Rule 39(b), Rules of […]
§ 35A-1111 – Multidisciplinary evaluation.
35A-1111. Multidisciplinary evaluation. (a) To assist in determining the nature and extent of a respondent’s disability, or to assist in developing an appropriate guardianship plan and program, the clerk, on his own motion or the motion of any party, may order that a multidisciplinary evaluation of the respondent be performed. A request for a multidisciplinary […]
§ 35A-1112 – Hearing on petition; adjudication order.
35A-1112. Hearing on petition; adjudication order. (a) The hearing on the petition shall be at the date, time, and place set forth in the final notice of hearing and shall be open to the public unless the respondent or his counsel or guardian ad litem requests otherwise, in which event the clerk shall exclude all […]
§ 35A-1114 – Appointment of interim guardian.
35A-1114. Appointment of interim guardian. (a) At the time of or subsequent to the filing of a petition under this Article, the petitioner or guardian ad litem may also file a verified motion with the clerk seeking the appointment of an interim guardian. (b) The motion filed by the petitioner or guardian ad litem shall […]
§ 35A-1115 – Appeal from clerk's order.
35A-1115. Appeal from clerk’s order. Appeal from an order adjudicating incompetence shall be to the superior court for hearing de novo and thence to the Court of Appeals. An appeal does not stay the appointment of a guardian unless so ordered by the superior court or the Court of Appeals. The Court of Appeals may […]