§ 35A-1370 – Definitions.
35A-1370. Definitions. For purposes of this Article: (1) "Alternate standby guardian" means a person identified in either a petition or designation to become the guardian of the person or, when appropriate, the general guardian of a minor child or incompetent adult, pursuant to G.S. 35A-1373 or to G.S. 35A-1374, when the person identified as the […]
§ 35A-1371 – Jurisdiction; limits.
35A-1371. Jurisdiction; limits. Notwithstanding the provisions of Subchapter II of this Chapter, the clerk of superior court shall have original jurisdiction for the appointment of a standby guardian for a minor child under this Article. Provided that the clerk shall have no jurisdiction, no standby guardian may be appointed under this Article, and no designation […]
§ 35A-1372 – Standby guardianship; applicability.
35A-1372. Standby guardianship; applicability. This Article provides two methods for appointing a standby guardian: by petition pursuant to G.S. 35A-1373 or by designation pursuant to G.S. 35A-1374. If a standby guardian is unwilling or unable to serve as a standby guardian and the designator or petitioner has identified an alternate standby guardian, then the alternate […]
§ 35A-1344 – Objections to proposed gift; fact that incompetent had previously made similar gifts.
35A-1344. Objections to proposed gift; fact that incompetent had previously made similar gifts. If any objection is filed by one to whom notice has been given under the terms of this Article, the clerk shall bring it to the attention of the judge, who shall hear the same, and determine the validity and materiality of […]
§ 35A-1345 – Validity of gift.
35A-1345. Validity of gift. A gift made with the approval of the judge under the provisions of this Article shall be deemed to be a gift made by the incompetent, and shall be as valid in all respects as if made by a competent person. (1963, c. 112, s. 6; 1987, c. 550, s. 5.)
§ 35A-1350 – Declaration and gift for certain purposes authorized with approval of judge of superior court.
35A-1350. Declaration and gift for certain purposes authorized with approval of judge of superior court. When a person has created a revocable trust, reserving the income for life, and thereafter has been judicially declared to be incompetent, the guardian or trustee of such incompetent, with the approval of the resident judge of the superior court […]
§ 35A-1351 – Prerequisites to approval of gift.
35A-1351. Prerequisites to approval of gift. The judge shall not approve the gift unless it appears to the judge’s satisfaction that: (1) It is improbable that the incompetent will recover competency during his or her lifetime; (2) The estate of the incompetent, after making the gift and after payment of any gift taxes which may […]
§ 35A-1352 – Who deemed specific and residuary devisees of incompetent under § 35A-1351.
35A-1352. Who deemed specific and residuary devisees of incompetent under 35A-1351. For purposes of G.S. 35A-1351(5)a. of this Article, if such paper-writing provides for the residuary estate to be placed in trust for a term of years, with stated amounts of income payable to designated beneficiaries during the term and stated amounts payable to designated […]
§ 35A-1353 – Notice to minors and incompetents under § 35A-1351.
35A-1353. Notice to minors and incompetents under 35A-1351. If any person, to whom notice must be given under the provisions of G.S. 35A-1351(5) of this Article, is a minor or is incompetent, then the notice shall be given to his duly appointed guardian or other duly appointed representative: Provided, that if a minor or incompetent […]
§ 35A-1354 – Objections to proposed declaration and gift; fact that incompetent had not previously made similar gifts.
35A-1354. Objections to proposed declaration and gift; fact that incompetent had not previously made similar gifts. If any objection is filed by one to whom notice has been given under the terms of this Article, the clerk shall bring it to the attention of the judge, who shall hear the same, and determine the validity […]