35A-1238. Clerk's liability.
(a) If any clerk commits the estate of a ward to the guardianship of any person without taking good and sufficient bond for the same as required by law, the clerk shall be liable on his official bond, at the suit of the aggrieved party, for all loss and damages sustained for want of sufficient bond being taken; but if the sureties were good at the time of their being accepted, the clerk shall not be liable.
(b) If any clerk willfully or negligently does, or omits to do, any other act prohibited, or other duty imposed on him by law, by which act or omission the estate of any ward suffers damage, the clerk shall be liable on his official bond, at the suit of the aggrieved party, for all loss and damages sustained from such act or omission. (1987, c. 550, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 35A - Incompetency and Guardianship
§ 35A-1230 - Bond required before receiving property.
§ 35A-1231 - Terms and conditions of bond; increase on sale of realty or personal property.
§ 35A-1232 - Exclusion of deposited money in computing amount of bond.
§ 35A-1233 - Clerk's authority to reduce penalty of bond.
§ 35A-1235 - One bond sufficient when several wards have estate in common.
§ 35A-1237 - Relief of endangered sureties.