§ 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 […]
§ 35B-30 – Transfer of general guardianship, guardianship of the person, or guardianship of the estate to another state.
35B-30. Transfer of general guardianship, guardianship of the person, or guardianship of the estate to another state. (a) A general guardian, guardian of the person, or guardian of the estate appointed in this State may petition the court to transfer the incompetency proceeding and the general guardianship, guardianship of the person, or guardianship of the […]
§ 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-1 – Short title and legislative purpose.
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.
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.
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.
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.)