§ 35A-1376 – Restoration of capacity or ability; suspension of guardianship.
35A-1376. Restoration of capacity or ability; suspension of guardianship. In the event that the authority of the standby guardian becomes effective upon the receipt of a determination of incapacity or debilitation and the petitioner or designator is subsequently restored to capacity or ability to care for the child, the authority of the standby guardian based […]
§ 35A-1377 – Authority concurrent to parental rights.
35A-1377. Authority concurrent to parental rights. The commencement of the standby guardian’s authority pursuant to a determination of incapacity, determination of debilitation, or written consent shall not itself divest the petitioner or designator of any parental or guardianship rights, but shall confer upon the standby guardian concurrent authority with respect to the minor child. (1995, […]
§ 35A-1378 – Powers and duties.
35A-1378. Powers and duties. A standby guardian designated pursuant to G.S. 35A-1374 and a guardian of the person or general guardian appointed pursuant to this Article have all of the powers, authority, duties, and responsibilities of a guardian appointed pursuant to Subchapter II of this Chapter. (1995, c. 313, s. 1.)
§ 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 […]
§ 35A-1355 – Validity of declaration and gift.
35A-1355. Validity of declaration and gift. Such declaration and gift, when made with the approval of the judge and under the provisions of this Article, shall be deemed to be the declaration and gift of the incompetent and shall be as valid in all respects as if made by a competent person. (1963, c. 113, […]
§ 35A-1360 – Deeds by guardians omitting seal, prior to January 1, 1944, validated.
35A-1360. Deeds by guardians omitting seal, prior to January 1, 1944, validated. All deeds executed prior to the first day of January, 1944, by any guardian, acting under authority obtained by him from the superior court as required by law, in which the guardian has omitted to affix his seal after his signature and/or has […]
§ 35A-1361 – Certain private sales validated.
35A-1361. Certain private sales validated. All private sales of real and personal property made by a guardian under Article 4 of this Chapter before June 1, 1985, that, under G.S. 1-339.36, should have been conducted as public sales because an upset bid was submitted, are validated to the same extent as if the guardian had […]