§ 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 […]
§ 35B-19 – Exclusive and continuing jurisdiction.
35B-19. Exclusive and continuing jurisdiction. Except as otherwise provided in G.S. 35B-18, a court that has appointed a general guardian or guardian of the person or issued a protective order consistent with this Chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires […]
§ 35B-20 – Appropriate forum.
35B-20. Appropriate forum. (a) A court of this State having jurisdiction under G.S. 35B-17 to adjudicate incompetence, appoint a general guardian or a guardian of the person, or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. […]
§ 35B-21 – Jurisdiction declined by reason of conduct.
35B-21. Jurisdiction declined by reason of conduct. (a) If at any time a court of this State determines that it acquired jurisdiction to adjudicate incompetence, appoint a general guardian or guardian of the person, or issue a protective order because of unjustifiable conduct, the court may do any of the following: (1) Decline to exercise […]
§ 35B-22 – Notice of proceeding.
35B-22. Notice of proceeding. If a petition for the adjudication of incompetence or application for the appointment of a general guardian or guardian of the person or issuance of a protective order is brought in this State and this State was not the respondent’s home state on the date the petition was filed, in addition […]
§ 35B-23 – Proceedings in more than one state.
35B-23. Proceedings in more than one state. Except for a petition for the appointment of a guardian of the person in an emergency or issuance of a protective order limited to property located in this State under G.S. 35B-18(a)(1) or (a)(2), if a petition for the adjudication of incompetence, appointment of a general guardian or […]