printable versionNorth Carolina General Statutes
Chapter 35A: Incompetency and Guardianship.
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- § 35A-1101. Definitions. [RTF] [PDF]
- § 35A-1102. Scope of law; exclusive procedure. [RTF] [PDF]
- § 35A-1103. Jurisdiction; venue. [RTF] [PDF]
- § 35A-1104. Change of venue. [RTF] [PDF]
- § 35A-1105. Petition before clerk. [RTF] [PDF]
- § 35A-1106. Contents of petition. [RTF] [PDF]
- § 35A-1107. Right to counsel or guardian ad litem. [RTF] [PDF]
- § 35A-1108. Issuance of notice. [RTF] [PDF]
- § 35A-1109. Service of notice and petition. [RTF] [PDF]
- § 35A-1110. Right to jury. [RTF] [PDF]
- § 35A-1111. Multidisciplinary evaluation. [RTF] [PDF]
- § 35A-1112. Hearing on petition; adjudication order. [RTF] [PDF]
- § 35A-1113. Hearing when incompetence determined in another state. [RTF] [PDF]
- § 35A-1114. Appointment of interim guardian. [RTF] [PDF]
- § 35A-1115. Appeal from clerk's order. [RTF] [PDF]
- § 35A-1116. Costs and fees. [RTF] [PDF]
- §§ 35A-1117 through 35A-1119: Reserved for future codification purposes. [RTF] [PDF]
- § 35A-1120. Appointment of guardian. [RTF] [PDF]
- §§ 35A-1121 through 35A-1129. Reserved for future codification purposes. [RTF] [PDF]
- § 35A-1130. Proceedings before clerk. [RTF] [PDF]
- §§ 35A-1131 through 35A-1200: Reserved for future codification purposes. [RTF] [PDF]
- § 35A-1201. Purpose. [RTF] [PDF]
- § 35A-1202. Definitions. [RTF] [PDF]
- § 35A-1203. Jurisdiction; authority of clerk. [RTF] [PDF]
- § 35A-1204. Venue. [RTF] [PDF]
- § 35A-1205. Transfer to different county. [RTF] [PDF]
- § 35A-1206. Letters of appointment. [RTF] [PDF]
- § 35A-1207. Motions in the cause. [RTF] [PDF]
- § 35A-1208. Authority for health care decisions. [RTF] [PDF]
- § 35A-1209: Reserved for future codification purposes. [RTF] [PDF]
- § 35A-1210. Application before clerk. [RTF] [PDF]
- § 35A-1211. Service of application, motions, and notices. [RTF] [PDF]
- § 35A-1212. Hearing before clerk on appointment of guardian. [RTF] [PDF]
- § 35A-1212.1. Recommendation of appointment of guardian by will or other writing. [RTF] [PDF]
- § 35A-1213. Qualifications of guardians. [RTF] [PDF]
- § 35A-1214. Priorities for appointment. [RTF] [PDF]
- § 35A-1215. Clerk's order; issuance of letters of appointment. [RTF] [PDF]
- § 35A-1216. Rule-making power of Secretary of Health and Human Services. [RTF] [PDF]
- § 35A-1217. Appointment of guardian ad litem for incompetent ward. [RTF] [PDF]
- § 35A-1218: Reserved for future codification purposes. [RTF] [PDF]
- § 35A-1219: Reserved for future codification purposes. [RTF] [PDF]
- § 35A-1220. Absence of natural guardian. [RTF] [PDF]
- § 35A-1221. Application before clerk. [RTF] [PDF]
- § 35A-1222. Service of application and notices. [RTF] [PDF]
- § 35A-1223. Hearing before clerk on appointment of guardian. [RTF] [PDF]
- § 35A-1224. Criteria for appointment of guardians. [RTF] [PDF]
- § 35A-1225. Testamentary recommendation; guardian for incompetent minor. [RTF] [PDF]
- § 35A-1226. Clerk's order; issuance of letters of appointment. [RTF] [PDF]
- § 35A-1227. Funds owed to minors. [RTF] [PDF]
- § 35A-1228. Guardians of children of servicemen; allotments and allowances. [RTF] [PDF]
- § 35A-1229: Reserved for future codification purposes. [RTF] [PDF]
- § 35A-1230. Bond required before receiving property. [RTF] [PDF]
- § 35A-1231. Terms and conditions of bond; increase on sale of realty or personal property. [RTF] [PDF]
- § 35A-1232. Exclusion of deposited money in computing amount of bond. [RTF] [PDF]
- § 35A-1233. Clerk's authority to reduce penalty of bond. [RTF] [PDF]
- § 35A-1234. Action on bond. [RTF] [PDF]
- § 35A-1235. One bond sufficient when several wards have estate in common. [RTF] [PDF]
- § 35A-1236. Renewal of bond. [RTF] [PDF]
- § 35A-1237. Relief of endangered sureties. [RTF] [PDF]
- § 35A-1238. Clerk's liability. [RTF] [PDF]
- § 35A-1239. Health and Human Services bond. [RTF] [PDF]
- § 35A-1240. Applicability of Article. [RTF] [PDF]
- § 35A-1241. Powers and duties of guardian of the person. [RTF] [PDF]
- § 35A-1242. Status reports for incompetent wards. [RTF] [PDF]
- § 35A-1243. Duties of designated agency. [RTF] [PDF]
- § 35A-1244. Procedure to compel status reports. [RTF] [PDF]
- § 35A-1245. Procedure to permit the sterilization of a mentally ill or a mentally retarded ward in the case of medical necessity. [RTF] [PDF]
- §§ 35A-1246 through 35A-1249: Reserved for future codification purposes. [RTF] [PDF]
- § 35A-1250. Applicability of Article. [RTF] [PDF]
- § 35A-1251. Guardian's powers in administering incompetent ward's estate. [RTF] [PDF]
- § 35A-1252. Guardian's powers in administering minor ward's estate. [RTF] [PDF]
- § 35A-1253. Specific duties of guardian of estate. [RTF] [PDF]
- §§ 35A-1254 through 35A-1259: Reserved for future codification purposes. [RTF] [PDF]
- § 35A-1260. Applicability. [RTF] [PDF]
- § 35A-1261. Inventory or account within three months. [RTF] [PDF]
- § 35A-1262. Procedure to compel inventory or account. [RTF] [PDF]
- § 35A-1263. Repealed by Session Laws 1989, c. 473, s. 28. [RTF] [PDF]
- § 35A-1263.1. Supplemental inventory. [RTF] [PDF]
- § 35A-1264. Annual accounts. [RTF] [PDF]
- § 35A-1265. Procedure to compel accounting. [RTF] [PDF]
- § 35A-1266. Final account and discharge of guardian. [RTF] [PDF]
- § 35A-1267. Expenses and disbursements credited to guardian. [RTF] [PDF]
- § 35A-1268. Guardian to exhibit investments and bank statements. [RTF] [PDF]
- § 35A-1269. Commissions. [RTF] [PDF]
- § 35A-1270. Appointment; term; oath. [RTF] [PDF]
- § 35A-1271. Bond of public guardian; increasing bond. [RTF] [PDF]
- § 35A-1272. Powers, duties, liabilities, compensation. [RTF] [PDF]
- § 35A-1273. When letters issue to public guardian. [RTF] [PDF]
- §§ 35A-1274 through 35A-1279: Reserved for future codification purposes. [RTF] [PDF]
- § 35A-1280. Appointment of ancillary guardian. [RTF] [PDF]
- § 35A-1281. Removal of ward's personalty from State. [RTF] [PDF]
- §§ 35A-1282 through 35A-1289: Reserved for future codification purposes. [RTF] [PDF]
- § 35A-1290. Removal by Clerk. [RTF] [PDF]
- § 35A-1291. Emergency removal; interlocutory orders on revocation. [RTF] [PDF]
- § 35A-1292. Resignation. [RTF] [PDF]
- § 35A-1293. Appointment of successor guardian. [RTF] [PDF]
- § 35A-1294. Estates without guardians. [RTF] [PDF]
- § 35A-1295. Termination of guardianship. [RTF] [PDF]
- §§ 35A-1296 through 35A-1300: Reserved for future codification purposes. [RTF] [PDF]
- § 35A-1301. Special proceedings to sell, exchange, mortgage, or lease. [RTF] [PDF]
- § 35A-1302. Procedure when real estate lies in county in which guardian does not reside. [RTF] [PDF]
- § 35A-1303. Fund from sale has character of estate sold and subject to same trusts. [RTF] [PDF]
- § 35A-1304: Repealed by Session Laws 1989, c. 473, s. 7. [RTF] [PDF]
- § 35A-1305. When timber may be sold. [RTF] [PDF]
- § 35A-1306. Abandoned incompetent spouse. [RTF] [PDF]
- § 35A-1307. Spouse of incompetent husband or wife entitled to special proceeding for sale of real property. [RTF] [PDF]
- §§ 35A-1308 through 35A-1309: Reserved for future codification purposes. [RTF] [PDF]
- § 35A-1310. Where one spouse or both incompetent; special proceeding before clerk. [RTF] [PDF]
- § 35A-1311. General law applicable; approved by judge. [RTF] [PDF]
- § 35A-1312. Proceeding valid in passing title. [RTF] [PDF]
- § 35A-1313. Clerk may direct application of funds; purchasers and mortgagees protected. [RTF] [PDF]
- § 35A-1314. Prior sales and mortgages validated. [RTF] [PDF]
- §§ 35A-1315 through 35A-1319: Reserved for future codification purposes. [RTF] [PDF]
- § 35A-1320: Repealed by Session Laws 1989, c. 473, s. 14. [RTF] [PDF]
- § 35A-1321. Advancement of surplus income to certain relatives. [RTF] [PDF]
- § 35A-1322. Advancement to adult child or grandchild. [RTF] [PDF]
- § 35A-1323. For what purpose and to whom advanced. [RTF] [PDF]
- § 35A-1324. Distributees to be parties to proceeding for advancements. [RTF] [PDF]
- § 35A-1325. Advancements to be equal; accounted for on death. [RTF] [PDF]
- § 35A-1326. Advancements to those most in need. [RTF] [PDF]
- § 35A-1327. Advancements to be secured against waste. [RTF] [PDF]
- § 35A-1328. Appeal; removal to superior court. [RTF] [PDF]
- § 35A-1329. Advancements only when incompetence permanent. [RTF] [PDF]
- § 35A-1330. Orders suspended upon restoration of competence. [RTF] [PDF]
- §§ 35A-1331 through 35A-1334: Reserved for future codification purposes. [RTF] [PDF]
- § 35A-1335. Gifts authorized with approval of judge of superior court. [RTF] [PDF]
- § 35A-1336. Prerequisites to approval by judge of gifts for governmental or charitable purposes. [RTF] [PDF]
- § 35A-1336.1. Prerequisites to approval by judge of gifts to individuals. [RTF] [PDF]
- § 35A-1337. Fact that incompetent had not previously made similar gifts. [RTF] [PDF]
- § 35A-1338. Validity of gift. [RTF] [PDF]
- § 35A-1339: Reserved for future codification purposes. [RTF] [PDF]
- § 35A-1340. Gifts authorized with approval of judge of superior court. [RTF] [PDF]
- § 35A-1341. Prerequisites to approval by judge of gifts for governmental or charitable purposes. [RTF] [PDF]
- § 35A-1341.1. Prerequisites to approval by judge of gifts to individuals. [RTF] [PDF]
- § 35A-1342. Who deemed specific and residuary devisees of incompetent under § 35A-1341. [RTF] [PDF]
- § 35A-1343. Notice to minors and incompetents under § 35A-1341 and § 35A-1341.1. [RTF] [PDF]
- § 35A-1344. Objections to proposed gift; fact that incompetent had previously made similar gifts. [RTF] [PDF]
- § 35A-1345. Validity of gift. [RTF] [PDF]
- §§ 35A-1346 through 35A-1349: Reserved for future codification purposes. [RTF] [PDF]
- § 35A-1350. Declaration and gift for certain purposes authorized with approval of judge of superior court. [RTF] [PDF]
- § 35A-1351. Prerequisites to approval of gift. [RTF] [PDF]
- § 35A-1352. Who deemed specific and residuary devisees of incompetent under § 35A-1351. [RTF] [PDF]
- § 35A-1353. Notice to minors and incompetents under § 35A-1351. [RTF] [PDF]
- § 35A-1354. Objections to proposed declaration and gift; fact that incompetent had not previously made similar gifts. [RTF] [PDF]
- § 35A-1355. Validity of declaration and gift. [RTF] [PDF]
- §§ 35A-1356 through 35A-1359: Reserved for future codification purposes. [RTF] [PDF]
- § 35A-1360. Deeds by guardians omitting seal, prior to January 1, 1944, validated. [RTF] [PDF]
- § 35A-1361. Certain private sales validated. [RTF] [PDF]
- §§ 35A-1362 through 35A-1369. Reserved for future codification purposes. [RTF] [PDF]
- § 35A-1370. Definitions. [RTF] [PDF]
- § 35A-1371. Jurisdiction; limits. [RTF] [PDF]
- § 35A-1372. Standby guardianship; applicability. [RTF] [PDF]
- § 35A-1373. Appointment by petition of standby guardian; petition, notice, hearing, order. [RTF] [PDF]
- § 35A-1374. Appointment by written designation; form. [RTF] [PDF]
- § 35A-1375. Determination of incapacity or debilitation. [RTF] [PDF]
- § 35A-1376. Restoration of capacity or ability; suspension of guardianship. [RTF] [PDF]
- § 35A-1377. Authority concurrent to parental rights. [RTF] [PDF]
- § 35A-1378. Powers and duties. [RTF] [PDF]
- § 35A-1379. Appointment of guardian ad litem. [RTF] [PDF]
- § 35A-1380. Bond. [RTF] [PDF]
- § 35A-1381. Accounting. [RTF] [PDF]
- § 35A-1382. Termination. [RTF] [PDF]
