§ 35A-1290 – Removal by Clerk.
35A-1290. Removal by Clerk. (a) The clerk has the power and authority on information or complaint made to remove any guardian appointed under the provisions of this Subchapter, to appoint successor guardians, and to make rules or enter orders for the better management of estates and the better care and maintenance of wards and their […]
§ 35A-1291 – Emergency removal; interlocutory orders on revocation.
35A-1291. Emergency removal; interlocutory orders on revocation. The clerk may remove a guardian without hearing if the clerk finds reasonable cause to believe that an emergency exists that threatens the physical well-being of the ward or constitutes a risk of substantial injury to the ward’s estate. In all cases where the letters of a guardian […]
§ 35A-1292 – Resignation.
35A-1292. Resignation. (a) Any guardian who wishes to resign shall file a motion with the clerk setting forth the circumstances of the case. If a general guardian or guardian of the estate, at the time of making the application, also exhibits his final account for settlement, and if the clerk is satisfied that the guardian […]
§ 35A-1263.1 – Supplemental inventory.
35A-1263.1. Supplemental inventory. Whenever any property not included in the original inventory report becomes known to the guardian or whenever the guardian learns that the valuation or description of any property or interest therein indicated in the original inventory is erroneous or misleading, he shall prepare and file with the clerk a supplementary inventory in […]
§ 35A-1264 – Annual accounts.
35A-1264. Annual accounts. Every guardian shall, within 30 days after the expiration of one year from the date of his qualification or appointment, and annually, so long as any of the estate remains in his control, file in the office of the clerk an inventory and account, under oath, of the amount of property received […]
§ 35A-1265 – Procedure to compel accounting.
35A-1265. Procedure to compel accounting. (a) If any guardian omits to account, as directed in G.S. 35A-1264, or renders an insufficient and unsatisfactory account, the clerk shall forthwith order such guardian to render a full and satisfactory account, as required by law, within 20 days after service of the order. Upon return of the order, […]
§ 35A-1266 – Final account and discharge of guardian.
35A-1266. Final account and discharge of guardian. Within 60 days after a guardianship is terminated under G.S. 35A-1295, the guardian shall file a final account for the period from the end of the period of his most recent annual account to the date of that event. If the clerk, after review of the guardian’s account, […]
§ 35A-1267 – Expenses and disbursements credited to guardian.
35A-1267. Expenses and disbursements credited to guardian. Every guardian may charge in his annual account all reasonable disbursements and expenses; and if it appear that he has really and bona fide disbursed more in one year than the profits of the ward’s estate, for his education and maintenance, the guardian shall be allowed and paid […]
§ 35A-1268 – Guardian to exhibit investments and bank statements.
35A-1268. Guardian to exhibit investments and bank statements. At the time the accounts required by this Article and other provisions of law are filed, the clerk shall require the guardian to exhibit to the court all investments and bank statements showing cash balance, and the clerk shall certify on the original account that an examination […]
§ 35A-1269 – Commissions.
35A-1269. Commissions. The clerk shall allow commissions to the guardian for his time and trouble in the management of the ward’s estate, in the same manner and under the same rules and restrictions as allowances are made to executors, administrators and collectors under the provisions of G.S. 28A-23-3 and G.S. 28A-23-4. (1987, c. 550, s. […]