35A-1212.1. Recommendation of appointment of guardian by will or other writing.
Any parent may by will recommend appointment of a guardian for an unmarried child who has been adjudicated an incompetent person and specify desired limitations on the powers to be given to the guardian. If both parents make such recommendations, the will with the latest date shall, in the absence of other relevant factors, prevail. Such recommendation shall be a strong guide for the clerk in appointing a guardian, but the clerk is not bound by the recommendation if the clerk finds that a different appointment is in the incompetent adult's best interest. If the will specifically so directs, a guardian appointed pursuant to such recommendation may be permitted to qualify and serve without giving bond, unless the clerk finds as a fact that the interest of the incompetent adult would be best served by requiring the guardian to give bond. (2005-333, 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.