US Lawyer Database

§ 35B-36 – Registration of guardianship of the person orders.

35B-36. Registration of guardianship of the person orders. If a guardian of the person has been appointed in another state and a petition for the adjudication of incompetence or an application for the appointment of a guardian of the person is not pending in this State, the guardian of the person appointed in the other […]

§ 35B-37 – Registration of protective orders and general guardianship orders.

35B-37. Registration of protective orders and general guardianship orders. If a guardian of the estate or general guardian has been appointed in another state and a petition for the adjudication of incompetence or an application for the issuance of a protective order is not pending in this State, the guardian of the estate or general […]

§ 35B-38 – Effect of registration.

35B-38. Effect of registration. (a) Upon registration of a general guardianship, guardianship of the person, or protective order from another state, the general guardian, guardian of the person, or guardian of the estate may exercise in this State all powers authorized in the order of appointment except as prohibited under the laws of this State, […]

§ 35B-45 – Uniformity of application and construction.

35B-45. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (2016-72, s. 1.)

§ 35B-46 – Relation to electronic signatures in Global and National Commerce Act.

35B-46. Relation to electronic signatures in Global and National Commerce Act. This Chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the […]

§ 35B-31 – Accepting guardianship, guardianship of the person, or guardianship of the estate transferred from another state.

35B-31. Accepting guardianship, guardianship of the person, or guardianship of the estate transferred from another state. (a) To confirm transfer of a general guardianship, guardianship of the person, or guardianship of the estate transferred to this State under provisions similar to G.S. 35B-30, the general guardian, guardian of the person, or guardian of the estate […]

§ 35B-15 – Definitions.

35B-15. Definitions. (a) The following definitions apply in this Article: (1) Emergency. – A circumstance that likely will result in substantial harm to a respondent’s health, safety, or welfare, and for which the appointment of a guardian of the person is necessary because no other person has authority and is willing to act on the […]

§ 35B-16 – Exclusive jurisdictional basis.

35B-16. Exclusive jurisdictional basis. This Article provides the exclusive jurisdictional basis for a court of this State to adjudicate incompetence, appoint a general guardian or guardian of the person, or issue a protective order for an adult. (2016-72, s. 1.)

§ 35B-17 – Jurisdiction.

35B-17. Jurisdiction. Notwithstanding the provisions of G.S. 1-75.4(1), a court of this State has jurisdiction to adjudicate incompetence, appoint a general guardian or guardian of the person, or issue a protective order for a respondent only if: (1) This State is the respondent’s home state; or (2) On the date the petition for the adjudication […]

§ 35B-18 – Special jurisdiction.

35B-18. Special jurisdiction. (a) A court of this State lacking jurisdiction under G.S. 35B-17 has special jurisdiction to do any of the following: (1) Appoint a guardian of the person in an emergency for a term not exceeding 90 days for a respondent who is physically present in this State. (2) Issue a protective order […]