§ 35A-1374 – Appointment by written designation; form.
35A-1374. Appointment by written designation; form. (a) A designator may designate a standby guardian by means of a written designation, signed by the designator in the presence of two witnesses at least 18 years of age, other than the standby guardian or alternate standby guardian, who shall also sign the writing. Another person may sign […]
§ 35A-1375 – Determination of incapacity or debilitation.
35A-1375. Determination of incapacity or debilitation. (a) If requested by the petitioner, designator, or standby guardian, an attending physician shall make a determination regarding the incapacity or debilitation of the petitioner or designator for purposes of this Article. (b) A determination of incapacity or debilitation shall: (1) Be made by the attending physician to a […]
§ 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-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 […]
§ 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, […]