US Lawyer Database

§ 35A-1261 – Inventory or account within three months.

35A-1261. Inventory or account within three months. Every guardian, within three months after his appointment, shall file with the clerk an inventory or account, upon oath, of the estate of his ward; but the clerk may extend such time not exceeding six months, for good cause shown. (1987, c. 550, s. 1; 1989, c. 473, […]

§ 35A-1262 – Procedure to compel inventory or account.

35A-1262. Procedure to compel inventory or account. (a) In cases of default to file the inventory or account required by G.S. 35A-1261, the clerk must issue an order requiring the guardian to file the inventory or account within the time specified in the order, or to show cause why he should not be removed from […]

§ 35A-1243 – Duties of designated agency.

35A-1243. Duties of designated agency. (a) Within 30 days after it receives a status report, the designated agency shall certify to the clerk that it has reviewed the report and shall mail a copy of its certification to the guardian. (b) At the same time, the designated agency may: (1) Send its written comments on […]

§ 35A-1233 – Clerk's authority to reduce penalty of bond.

35A-1233. Clerk’s authority to reduce penalty of bond. When a guardian has disbursed either income or income and principal of the estate according to law, for the purchase of real estate or the support and maintenance of the ward or the ward and his dependents or any lawful cause, and when the personal assets and […]

§ 35A-1234 – Action on bond.

35A-1234. Action on bond. Any person injured by a breach of the condition of the guardian’s bond may prosecute a suit thereon, as in other actions. (1987, c. 550, s. 1.)

§ 35A-1235 – One bond sufficient when several wards have estate in common.

35A-1235. One bond sufficient when several wards have estate in common. When the same person is appointed guardian for two or more minors or incompetent persons possessed of one estate in common, the clerk may take one bond only in such case, upon which each of the wards or their heirs or personal representatives may […]

§ 35A-1236 – Renewal of bond.

35A-1236. Renewal of bond. Every guardian who is required to post a bond and who does so other than through a duly authorized surety company shall renew his bond before the clerk every three years during the continuance of the guardianship. The clerk shall issue a citation against every such guardian failing to renew his […]

§ 35A-1237 – Relief of endangered sureties.

35A-1237. Relief of endangered sureties. Any surety of a guardian, who is in danger of sustaining loss by his suretyship, may file a motion in the cause before the clerk where the guardianship is docketed, setting forth the circumstances of his case and demanding relief. The guardian shall have 10 days after service of the […]

§ 35A-1238 – Clerk's liability.

35A-1238. Clerk’s liability. (a) If any clerk commits the estate of a ward to the guardianship of any person without taking good and sufficient bond for the same as required by law, the clerk shall be liable on his official bond, at the suit of the aggrieved party, for all loss and damages sustained for […]

§ 35A-1239 – Health and Human Services bond.

35A-1239. Health and Human Services bond. The Secretary of the Department of Health and Human Services shall require or purchase individual or blanket bonds for all disinterested public agents appointed to be guardians, whether they serve as guardians of the estate, guardians of the person, or general guardians, or one blanket bond covering all agents, […]