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Home » US Law » 2022 North Carolina General Statutes » Chapter 35A - Incompetency and Guardianship » Article 6 - Appointment of Guardian for a Minor.

§ 35A-1220 – Absence of natural guardian.

35A-1220. Absence of natural guardian. When a minor either has no natural guardian or has been abandoned, and the minor requires services from the county department of social services, the social services director in the county in which the minor resides or is domiciled shall be the guardian of the person of the minor until […]

§ 35A-1221 – Application before clerk.

35A-1221. Application before clerk. Any person or corporation, including any State or local human services agency through its authorized representative, may make application for the appointment of a guardian of the estate for any minor or for the appointment of a guardian of the person or general guardian for any minor who has no natural […]

§ 35A-1222 – Service of application and notices.

35A-1222. Service of application and notices. A copy of the application and written notice of the time, date, and place set for a hearing shall be served on each parent, guardian, and legal custodian of the minor who is not an applicant, and on any other person the clerk may direct, including the minor. Service […]

§ 35A-1223 – Hearing before clerk on appointment of guardian.

35A-1223. Hearing before clerk on appointment of guardian. The clerk shall receive evidence necessary to determine whether a guardian of the person, a guardian of the estate, or a general guardian is required. If the court determines that a guardian or guardians are required, the court shall receive evidence necessary to determine the minor’s assets, […]

§ 35A-1224 – Criteria for appointment of guardians.

35A-1224. Criteria for appointment of guardians. (a) The clerk may appoint a guardian of the estate for any minor. The clerk may appoint a guardian of the person or a general guardian only for a minor who has no natural guardian. (b) The clerk may appoint as guardian of the person or general guardian only […]

§ 35A-1225 – Testamentary recommendation; guardian for incompetent minor.

35A-1225. Testamentary recommendation; guardian for incompetent minor. (a) Parents are presumed to know the best interest of their children. Any parent may by last will and testament recommend a guardian for any of his or her minor children, whether born at the parent’s death or en ventre sa mere, for such time as the child […]

§ 35A-1226 – Clerk's order; issuance of letters of appointment.

35A-1226. Clerk’s order; issuance of letters of appointment. After considering the evidence, the clerk shall enter an appropriate order. If the clerk determines that a guardian or guardians should be appointed, the order may set forth: (1) Findings as to the minor’s circumstances, assets, and liabilities as they relate to his need for a guardian […]

§ 35A-1227 – Funds owed to minors.

35A-1227. Funds owed to minors. (a) Certain insurance proceeds or other funds to which a minor is entitled may be paid to and administered by the public guardian or the clerk as provided in G.S. 7A-111. (b) A devise of personal property to a minor may be distributed to the minor’s parent or guardian with […]

§ 35A-1228 – Guardians of children of servicemen; allotments and allowances.

35A-1228. Guardians of children of servicemen; allotments and allowances. In all cases where a person serving in the Armed Forces of the United States has made an allotment or allowance to a resident of this State who is his child or other minor dependent as provided by the Wartime Allowances to Service Men’s Dependents Act […]