North Carolina General Statutes
Chapter 35A - Incompetency and Guardianship

§ 35A-1121 - Authorization of a single protective arrangement or single transaction without appointing guardian. - 35A-1121. Authorization of a single protective arrangement or single transaction...

Article 3 - Restoration to Competency.

§ 35A-1130 - Proceedings before clerk. - 35A-1130. Proceedings before clerk. (a) The guardian, ward, or any...

Article 4 - Purpose and Scope; Jurisdiction; Venue.

§ 35A-1201 - Purpose. - 35A-1201. Purpose. (a) The General Assembly of North Carolina recognizes...

§ 35A-1202 - Definitions. - 35A-1202. Definitions. The following definitions apply in this Subchapter: (1)...

§ 35A-1203 - Jurisdiction; authority of clerk. - 35A-1203. Jurisdiction; authority of clerk. (a) Clerks of superior court...

§ 35A-1204 - Venue. - 35A-1204. Venue. (a) Venue for the appointment of a guardian...

§ 35A-1205 - Transfer to different county. - 35A-1205. Transfer to different county. At any time before or...

§ 35A-1206 - Letters of appointment. - 35A-1206. Letters of appointment. Whenever a guardian has been duly...

§ 35A-1207 - Motions in the cause. - 35A-1207. Motions in the cause. (a) Any interested person may...

§ 35A-1208 - Authority for health care decisions. - 35A-1208. Authority for health care decisions. (a) A guardian of...

Article 5 - Appointment of Guardian for Incompetent Person.

§ 35A-1210 - Application before clerk. - 35A-1210. Application before clerk. Any individual, corporation, or disinterested public...

§ 35A-1211 - Service of application, motions, and notices. - 35A-1211. Service of application, motions, and notices. (a) Application for...

§ 35A-1212 - Hearing before clerk on appointment of guardian. - 35A-1212. Hearing before clerk on appointment of guardian. (a) The...

§ 35A-1212.1 - Recommendation of appointment of guardian by will or other writing. - 35A-1212.1. Recommendation of appointment of guardian by will or other...

§ 35A-1213 - Qualifications of guardians. - 35A-1213. Qualifications of guardians. (a) The clerk may appoint as...

§ 35A-1214 - Priorities for appointment. - 35A-1214. Priorities for appointment. The clerk shall consider appointing a...

§ 35A-1215 - Clerk's order; issuance of letters of appointment. - 35A-1215. Clerk's order; issuance of letters of appointment. (a) When...

§ 35A-1216 - Rule-making power of Secretary of Health and Human Services. - 35A-1216. Rule-making power of Secretary of Health and Human Services....

§ 35A-1217 - Appointment of guardian ad litem for incompetent ward. - 35A-1217. Appointment of guardian ad litem for incompetent ward. The...

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...

§ 35A-1221 - Application before clerk. - 35A-1221. Application before clerk. Any person or corporation, including any...

§ 35A-1222 - Service of application and notices. - 35A-1222. Service of application and notices. A copy of the...

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

§ 35A-1224 - Criteria for appointment of guardians. - 35A-1224. Criteria for appointment of guardians. (a) The clerk may...

§ 35A-1225 - Testamentary recommendation; guardian for incompetent minor. - 35A-1225. Testamentary recommendation; guardian for incompetent minor. (a) Parents are...

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

§ 35A-1227 - Funds owed to minors. - 35A-1227. Funds owed to minors. (a) Certain insurance proceeds or...

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

Article 7 - Guardian's Bond.

§ 35A-1230 - Bond required before receiving property. - 35A-1230. Bond required before receiving property. Except as otherwise provided...

§ 35A-1231 - Terms and conditions of bond; increase on sale of realty or personal property. - 35A-1231. Terms and conditions of bond; increase on sale of...

§ 35A-1232 - Exclusion of deposited money in computing amount of bond. - 35A-1232. Exclusion of deposited money in computing amount of bond....

§ 35A-1233 - Clerk's authority to reduce penalty of bond. - 35A-1233. Clerk's authority to reduce penalty of bond. When a...

§ 35A-1234 - Action on bond. - 35A-1234. Action on bond. Any person injured by a breach...

§ 35A-1235 - One bond sufficient when several wards have estate in common. - 35A-1235. One bond sufficient when several wards have estate in...

§ 35A-1236 - Renewal of bond. - 35A-1236. Renewal of bond. Every guardian who is required to...

§ 35A-1237 - Relief of endangered sureties. - 35A-1237. Relief of endangered sureties. Any surety of a guardian,...

§ 35A-1238 - Clerk's liability. - 35A-1238. Clerk's liability. (a) If any clerk commits the estate...

§ 35A-1239 - Health and Human Services bond. - 35A-1239. Health and Human Services bond. The Secretary of the...

Article 8 - Powers and Duties of Guardian of the Person.

§ 35A-1240 - Applicability of Article. - 35A-1240. Applicability of Article. This Article applies only to guardians...

§ 35A-1241 - Powers and duties of guardian of the person. - 35A-1241. Powers and duties of guardian of the person. (a)...

§ 35A-1242 - Status reports for incompetent wards. - 35A-1242. Status reports for incompetent wards. (a) Any corporation or...

§ 35A-1243 - Duties of designated agency. - 35A-1243. Duties of designated agency. (a) Within 30 days after...

§ 35A-1244 - Procedure to compel status reports. - 35A-1244. Procedure to compel status reports. If a guardian of...

§ 35A-1245 - Procedure to permit the sterilization of a ward with a mental illness or intellectual disability in the case of medical necessity. - 35A-1245. Procedure to permit the sterilization of a ward with...

Article 9 - Powers and Duties of Guardian of the Estate.

§ 35A-1250 - Applicability of Article. - 35A-1250. Applicability of Article. (a) This Article applies only to...

§ 35A-1251 - Guardian's powers in administering incompetent ward's estate. - 35A-1251. Guardian's powers in administering incompetent ward's estate. In the...

§ 35A-1252 - Guardian's powers in administering minor ward's estate. - 35A-1252. Guardian's powers in administering minor ward's estate. In the...

§ 35A-1253 - Specific duties of guardian of estate. - 35A-1253. Specific duties of guardian of estate. In addition to...

Article 10 - Returns and Accounting.

§ 35A-1260 - Applicability. - 35A-1260. Applicability. This Article applies only to general guardians and...

§ 35A-1261 - Inventory or account within three months. - 35A-1261. Inventory or account within three months. Every guardian, within...

§ 35A-1262 - Procedure to compel inventory or account. - 35A-1262. Procedure to compel inventory or account. (a) In cases...

§ 35A-1263.1 - Supplemental inventory. - 35A-1263.1. Supplemental inventory. Whenever any property not included in the...

§ 35A-1264 - Annual accounts. - 35A-1264. Annual accounts. Every guardian shall, within 30 days after...

§ 35A-1265 - Procedure to compel accounting. - 35A-1265. Procedure to compel accounting. (a) If any guardian omits...

§ 35A-1266 - Final account and discharge of guardian. - 35A-1266. Final account and discharge of guardian. Within 60 days...

§ 35A-1267 - Expenses and disbursements credited to guardian. - 35A-1267. Expenses and disbursements credited to guardian. Every guardian may...

§ 35A-1268 - Guardian to exhibit investments and bank statements. - 35A-1268. Guardian to exhibit investments and bank statements. At the...

§ 35A-1269 - Commissions. - 35A-1269. Commissions. The clerk shall allow commissions to the guardian...

Article 11 - Public Guardians.

§ 35A-1270 - Appointment; term; oath. - 35A-1270. Appointment; term; oath. There may be in every county...

§ 35A-1271 - Bond of public guardian; increasing bond. - 35A-1271. Bond of public guardian; increasing bond. The public guardian...

§ 35A-1272 - Powers, duties, liabilities, compensation. - 35A-1272. Powers, duties, liabilities, compensation. The powers and duties of...

§ 35A-1273 - When letters issue to public guardian. - 35A-1273. When letters issue to public guardian. The public guardian...

Article 12 - Nonresident Ward Having Property in State.

§ 35A-1280 - Appointment of ancillary guardian. - 35A-1280. Appointment of ancillary guardian. (a) A clerk may appoint...

§ 35A-1281 - Removal of ward's personalty from State. - 35A-1281. Removal of ward's personalty from State. (a) For purposes...

Article 13 - Removal or Resignation of Guardian; Successor Guardian; Estates Without Guardians; Termination of Guardianship.

§ 35A-1290 - Removal by Clerk. - 35A-1290. Removal by Clerk. (a) The clerk has the power...

§ 35A-1291 - Emergency removal; interlocutory orders on revocation. - 35A-1291. Emergency removal; interlocutory orders on revocation. The clerk may...

§ 35A-1292 - Resignation. - 35A-1292. Resignation. (a) Any guardian who wishes to resign shall...

§ 35A-1293 - Appointment of successor guardian. - 35A-1293. Appointment of successor guardian. Upon the removal, death, or...

§ 35A-1294 - Estates without guardians. - 35A-1294. Estates without guardians. (a) Whenever a general guardian or...

§ 35A-1295 - Termination of guardianship. - 35A-1295. Termination of guardianship. (a) Every guardianship shall be terminated...

Article 14 - Sale, Mortgage, Exchange or Lease of Ward's Estate.

§ 35A-1301 - Special proceedings to sell, exchange, mortgage, or lease. - 35A-1301. Special proceedings to sell, exchange, mortgage, or lease. (a)...

§ 35A-1302 - Procedure when real estate lies in county in which guardian does not reside. - 35A-1302. Procedure when real estate lies in county in which...

§ 35A-1303 - Fund from sale has character of estate sold and subject to same trusts. - 35A-1303. Fund from sale has character of estate sold and...

§ 35A-1305 - When timber may be sold. - 35A-1305. When timber may be sold. In case the land...

§ 35A-1306 - Abandoned incompetent spouse. - 35A-1306. Abandoned incompetent spouse. (a) A guardian of a married...

§ 35A-1307 - Spouse of incompetent husband or wife entitled to special proceeding for sale of real property. - 35A-1307. Spouse of incompetent husband or wife entitled to special...

Article 15 - Mortgage or Sale of Estates Held by the Entireties.

§ 35A-1310 - Where one spouse or both incompetent; special proceeding before clerk. - 35A-1310. Where one spouse or both incompetent; special proceeding before...

§ 35A-1311 - General law applicable; approved by judge. - 35A-1311. General law applicable; approved by judge. The proceedings herein...

§ 35A-1312 - Proceeding valid in passing title. - 35A-1312. Proceeding valid in passing title. Any mortgage, deed, or...

§ 35A-1313 - Clerk may direct application of funds; purchasers and mortgagees protected. - 35A-1313. Clerk may direct application of funds; purchasers and mortgagees...

§ 35A-1314 - Prior sales and mortgages validated. - 35A-1314. Prior sales and mortgages validated. Any and all special...

Article 16 - Surplus Income and Advancements.

§ 35A-1321 - Advancement of surplus income to certain relatives. - 35A-1321. Advancement of surplus income to certain relatives. When any...

§ 35A-1322 - Advancement to adult child or grandchild. - 35A-1322. Advancement to adult child or grandchild. When such incompetent...

§ 35A-1323 - For what purpose and to whom advanced. - 35A-1323. For what purpose and to whom advanced. Such advancements...

§ 35A-1324 - Distributees to be parties to proceeding for advancements. - 35A-1324. Distributees to be parties to proceeding for advancements. In...

§ 35A-1325 - Advancements to be equal; accounted for on death. - 35A-1325. Advancements to be equal; accounted for on death. The...

§ 35A-1326 - Advancements to those most in need. - 35A-1326. Advancements to those most in need. When the surplus...

§ 35A-1327 - Advancements to be secured against waste. - 35A-1327. Advancements to be secured against waste. It is the...

§ 35A-1328 - Appeal; removal to superior court. - 35A-1328. Appeal; removal to superior court. Any person made a...

§ 35A-1329 - Advancements only when incompetence permanent. - 35A-1329. Advancements only when incompetence permanent. No such application shall...

§ 35A-1330 - Orders suspended upon restoration of competence. - 35A-1330. Orders suspended upon restoration of competence. Upon such incompetent...

Article 17 - Gifts from Income for Certain Purposes.

§ 35A-1335 - Gifts authorized with approval of judge of superior court. - 35A-1335. Gifts authorized with approval of judge of superior court....

§ 35A-1336 - Prerequisites to approval by judge of gifts for governmental or charitable purposes. - 35A-1336. Prerequisites to approval by judge of gifts for governmental...

§ 35A-1336.1 - Prerequisites to approval by judge of gifts to individuals. - 35A-1336.1. Prerequisites to approval by judge of gifts to individuals....

§ 35A-1337 - Fact that incompetent had not previously made similar gifts. - 35A-1337. Fact that incompetent had not previously made similar gifts....

§ 35A-1338 - Validity of gift. - 35A-1338. Validity of gift. A gift made with the approval...

Article 18 - Gifts from Principal for Certain Purposes.

§ 35A-1340 - Gifts authorized with approval of judge of superior court. - 35A-1340. Gifts authorized with approval of judge of superior court....

§ 35A-1341 - Prerequisites to approval by judge of gifts for governmental or charitable purposes. - 35A-1341. Prerequisites to approval by judge of gifts for governmental...

§ 35A-1341.1 - Prerequisites to approval by judge of gifts to individuals. - 35A-1341.1. Prerequisites to approval by judge of gifts to individuals....

§ 35A-1342 - Who deemed specific and residuary devisees of incompetent under § 35A-1341. - 35A-1342. Who deemed specific and residuary devisees of incompetent under...

§ 35A-1343 - Notice to minors and incompetents under § 35A-1341 and § 35A-1341.1. - 35A-1343. Notice to minors and incompetents under 35A-1341 and 35A-1341.1....

§ 35A-1344 - Objections to proposed gift; fact that incompetent had previously made similar gifts. - 35A-1344. Objections to proposed gift; fact that incompetent had previously...

§ 35A-1345 - Validity of gift. - 35A-1345. Validity of gift. A gift made with the approval...

Article 19 - Declaring Revocable Trust Irrevocable and Making Gift of Incompetent's Life Interest Therein.

§ 35A-1350 - Declaration and gift for certain purposes authorized with approval of judge of superior court. - 35A-1350. Declaration and gift for certain purposes authorized with approval...

§ 35A-1351 - Prerequisites to approval of gift. - 35A-1351. Prerequisites to approval of gift. The judge shall not...

§ 35A-1352 - Who deemed specific and residuary devisees of incompetent under § 35A-1351. - 35A-1352. Who deemed specific and residuary devisees of incompetent under...

§ 35A-1353 - Notice to minors and incompetents under § 35A-1351. - 35A-1353. Notice to minors and incompetents under 35A-1351. If any...

§ 35A-1354 - Objections to proposed declaration and gift; fact that incompetent had not previously made similar gifts. - 35A-1354. Objections to proposed declaration and gift; fact that incompetent...

§ 35A-1355 - Validity of declaration and gift. - 35A-1355. Validity of declaration and gift. Such declaration and gift,...

Article 20 - Guardians' Deeds Validated When Seal Omitted.

§ 35A-1360 - Deeds by guardians omitting seal, prior to January 1, 1944, validated. - 35A-1360. Deeds by guardians omitting seal, prior to January 1,...

§ 35A-1361 - Certain private sales validated. - 35A-1361. Certain private sales validated. All private sales of real...

Article 21 - Standby Guardianship.

§ 35A-1370 - Definitions. - 35A-1370. Definitions. For purposes of this Article: (1) "Alternate standby...

§ 35A-1371 - Jurisdiction; limits. - 35A-1371. Jurisdiction; limits. Notwithstanding the provisions of Subchapter II of...

§ 35A-1372 - Standby guardianship; applicability. - 35A-1372. Standby guardianship; applicability. This Article provides two methods for...

§ 35A-1373 - Appointment by petition of standby guardian; petition, notice, hearing, order. - 35A-1373. Appointment by petition of standby guardian; petition, notice, hearing,...

§ 35A-1374 - Appointment by written designation; form. - 35A-1374. Appointment by written designation; form. (a) A designator may...

§ 35A-1375 - Determination of incapacity or debilitation. - 35A-1375. Determination of incapacity or debilitation. (a) If requested by...

§ 35A-1376 - Restoration of capacity or ability; suspension of guardianship. - 35A-1376. Restoration of capacity or ability; suspension of guardianship. In...

§ 35A-1377 - Authority concurrent to parental rights. - 35A-1377. Authority concurrent to parental rights. The commencement of the...

§ 35A-1378 - Powers and duties. - 35A-1378. Powers and duties. A standby guardian designated pursuant to...

§ 35A-1379 - Appointment of guardian ad litem. - 35A-1379. Appointment of guardian ad litem. (a) The clerk may...

§ 35A-1380 - Bond. - 35A-1380. Bond. The bond requirements of Article 7 of this...

§ 35A-1381 - Accounting. - 35A-1381. Accounting. The accounting requirements of Article 10 of this...

§ 35A-1382 - Termination. - 35A-1382. Termination. (a) Any standby guardianship created under this Article...

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North Carolina General Statutes Chapter 35A - Incompetency and Guardianship

North Carolina General Statutes
Chapter 35A - Incompetency and Guardianship