35A-1212. Hearing before clerk on appointment of guardian.
(a) The clerk shall make such inquiry and receive such evidence as the clerk deems necessary to determine:
(1) The nature and extent of the needed guardianship;
(2) The assets, liabilities, and needs of the ward; and
(3) Who, in the clerk's discretion, can most suitably serve as the guardian or guardians.
If the clerk determines that the nature and extent of the ward's capacity justifies ordering a limited guardianship, the clerk may do so.
(b) If a current multidisciplinary evaluation is not available and the clerk determines that one is necessary, the clerk, on his own motion or the motion of any party, may order that such an evaluation be performed pursuant to G.S. 35A-1111. The provisions of that section shall apply to such an order for a multidisciplinary evaluation following an adjudication of incompetence.
(c) The clerk may require a report prepared by a designated agency to evaluate the suitability of a prospective guardian, to include a recommendation as to an appropriate party or parties to serve as guardian, or both, based on the nature and extent of the needed guardianship and the ward's assets, liabilities, and needs.
(d) If a designated agency has not been named pursuant to G.S. 35A-1111, the clerk may, at any time he finds that the best interest of the ward would be served thereby, name a designated agency. (1987, c. 550, s. 1; 2003-236, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 35A - Incompetency and Guardianship
Article 5 - Appointment of Guardian for Incompetent Person.
§ 35A-1210 - Application before clerk.
§ 35A-1211 - Service of application, motions, and notices.
§ 35A-1212 - Hearing before clerk on appointment of guardian.
§ 35A-1212.1 - Recommendation of appointment of guardian by will or other writing.
§ 35A-1213 - Qualifications of guardians.
§ 35A-1214 - Priorities for appointment.
§ 35A-1215 - Clerk's order; issuance of letters of appointment.
§ 35A-1216 - Rule-making power of Secretary of Health and Human Services.
§ 35A-1217 - Appointment of guardian ad litem for incompetent ward.