35B-1. Short title and legislative purpose. (a) This Chapter may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. (b) The General Assembly of North Carolina finds that there is ambiguity in the law with respect to jurisdiction in guardianship proceedings when more than one state is involved. In order to clarify […]
35B-2. Definitions. The following definitions apply in this Chapter: (1) Adult. – An individual who has attained 18 years of age. (2) Court. – For purposes of this Chapter, where the word "court" is used, it means the clerk of the superior court to the same extent that the clerk of superior court has original […]
35B-3. Proceedings governed by other law. This Chapter does not govern the following: (1) Guardianship and guardianship proceedings pertaining to minors less than 18 years of age. (2) Protective services proceedings pertaining to disabled and older adults pursuant to Articles 6 and 6A of Chapter 108A of the General Statutes. (3) Domestic violence and civil […]
35B-4. International application. A court of this State may treat a foreign country as if it were a state for the purpose of applying this Article and Articles 2, 3, and 5 of this Chapter. (2016-72, s. 1.)
35B-5. Communication between courts. (a) A court of this State may communicate with a court in another state concerning a proceeding arising under this Chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b) of this section, the court shall make a record of the communication. […]
35B-6. Cooperation between courts. (a) In an incompetency, guardianship, or protective proceeding in this State, a court of this State may request the appropriate court of another state to do any of the following: (1) Hold an evidentiary hearing. (2) Order a person in that state to produce evidence or give testimony pursuant to procedures […]
35B-7. Taking testimony in another state. (a) In an incompetency, guardianship, or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this State for testimony taken in another state. The court on its […]
