Chapter 35A

140 published sections.

Article 1 - Determination of Incompetence

N.C.G.S. § 35A-1101 — Definitions.
N.C.G.S. § 35A-1102 — Scope of law; exclusive procedure.
N.C.G.S. § 35A-1103 — Jurisdiction; venue.
N.C.G.S. § 35A-1104 — Change of venue.
N.C.G.S. § 35A-1105 — Petition before clerk.
N.C.G.S. § 35A-1106 — Contents of petition.
N.C.G.S. § 35A-1107 — Right to counsel or guardian ad litem.
N.C.G.S. § 35A-1108 — Issuance of notice.
N.C.G.S. § 35A-1109 — Service of notice and petition.
N.C.G.S. § 35A-1110 — Right to jury.
N.C.G.S. § 35A-1111 — Multidisciplinary evaluation.
N.C.G.S. § 35A-1112 — Hearing on petition; adjudication order.
N.C.G.S. § 35A-1114 — Appointment of interim guardian.
N.C.G.S. § 35A-1115 — Appeal from clerk's order.
N.C.G.S. § 35A-1116 — Costs and fees.
N.C.G.S. § 35A-1117 — Notice of rights of respondent.

Article 2 - Appointment of Guardian

N.C.G.S. § 35A-1120 — Appointment of guardian.
N.C.G.S. § 35A-1121 — Authorization of a single protective arrangement or single transaction without appointing guardian.

Article 3 - Restoration to Competency

N.C.G.S. § 35A-1130 — Proceedings before clerk.

Article 4 - Purpose and Scope; Jurisdiction; Venue

N.C.G.S. § 35A-1201 — Purpose.
N.C.G.S. § 35A-1202 — Definitions.
N.C.G.S. § 35A-1203 — Jurisdiction; authority of clerk.
N.C.G.S. § 35A-1204 — Venue.
N.C.G.S. § 35A-1205 — Transfer to different county.
N.C.G.S. § 35A-1206 — Letters of appointment.
N.C.G.S. § 35A-1207 — Motions in the cause.
N.C.G.S. § 35A-1208 — Authority for health care decisions.

Article 5 - Appointment of Guardian for Incompetent Person

N.C.G.S. § 35A-1210 — Application before clerk.
N.C.G.S. § 35A-1211 — Service of application, motions, and notices.
N.C.G.S. § 35A-1212 — Hearing before clerk on appointment of guardian.
N.C.G.S. § 35A-1212.1 — Recommendation of appointment of guardian by will or other writing.
N.C.G.S. § 35A-1213 — Qualifications of guardians.
N.C.G.S. § 35A-1214 — Priorities for appointment.
N.C.G.S. § 35A-1215 — Clerk's order; issuance of letters of appointment.
N.C.G.S. § 35A-1216 — Rulemaking power of Secretary of Health and Human Services.
N.C.G.S. § 35A-1217 — Appointment of guardian ad litem for incompetent ward.

Article 6 - Appointment of Guardian for a Minor

N.C.G.S. § 35A-1220 — Absence of natural guardian.
N.C.G.S. § 35A-1221 — Application before clerk.
N.C.G.S. § 35A-1222 — Service of application and notices.
N.C.G.S. § 35A-1223 — Hearing before clerk on appointment of guardian.
N.C.G.S. § 35A-1224 — Criteria for appointment of guardians.
N.C.G.S. § 35A-1225 — Testamentary recommendation; guardian for incompetent minor.
N.C.G.S. § 35A-1226 — Clerk's order; issuance of letters of appointment.
N.C.G.S. § 35A-1227 — Funds owed to minors.
N.C.G.S. § 35A-1228 — Guardians of children of servicemen; allotments and allowances.

Article 7 - Guardian's Bond

N.C.G.S. § 35A-1230 — Bond required before receiving property.
N.C.G.S. § 35A-1231 — Terms and conditions of bond; increase on sale of realty or personal property.
N.C.G.S. § 35A-1232 — Exclusion of deposited money in computing amount of bond.
N.C.G.S. § 35A-1233 — Clerk's authority to reduce penalty of bond.
N.C.G.S. § 35A-1234 — Action on bond.
N.C.G.S. § 35A-1235 — One bond sufficient when several wards have estate in common.
N.C.G.S. § 35A-1236 — Renewal of bond.
N.C.G.S. § 35A-1237 — Relief of endangered sureties.
N.C.G.S. § 35A-1239 — Health and Human Services bond.

Article 8 - Powers and Duties of Guardian of the Person

N.C.G.S. § 35A-1240 — Applicability of Article.
N.C.G.S. § 35A-1241 — Powers and duties of guardian of the person.
N.C.G.S. § 35A-1242 — Status reports for incompetent wards.
N.C.G.S. § 35A-1243 — Duties of designated agency.
N.C.G.S. § 35A-1244 — Procedure to compel status reports.
N.C.G.S. § 35A-1245 — Procedure to permit the sterilization of a ward with a mental illness or intellectual disability in the case of medical necessity.

Article 9 - Powers and Duties of Guardian of the Estate

N.C.G.S. § 35A-1250 — Applicability of Article.
N.C.G.S. § 35A-1251 — Guardian's powers in administering incompetent ward's estate.
N.C.G.S. § 35A-1252 — Guardian's powers in administering minor ward's estate.
N.C.G.S. § 35A-1253 — Specific duties of guardian of estate.

Article 10 - Returns and Accounting

N.C.G.S. § 35A-1260 — Applicability.
N.C.G.S. § 35A-1261 — Inventory within three months.
N.C.G.S. § 35A-1262 — Procedure to compel inventory or account.
N.C.G.S. § 35A-1263.1 — Supplemental inventory.
N.C.G.S. § 35A-1264 — Annual accounts.
N.C.G.S. § 35A-1265 — Procedure to compel accounting.
N.C.G.S. § 35A-1266 — Final account and discharge of guardian.
N.C.G.S. § 35A-1267 — Expenses and disbursements credited to guardian.
N.C.G.S. § 35A-1268 — Guardian to exhibit investments and bank statements.
N.C.G.S. § 35A-1269 — Commissions.

Article 11 - Public Guardians

N.C.G.S. § 35A-1270 — Appointment; term; oath.
N.C.G.S. § 35A-1271 — Bond of public guardian; increasing bond.
N.C.G.S. § 35A-1272 — Powers, duties, liabilities, compensation.
N.C.G.S. § 35A-1273 — When letters issue to public guardian.

Article 12 - Nonresident Ward Having Property in State

N.C.G.S. § 35A-1280 — Appointment of ancillary guardian.
N.C.G.S. § 35A-1281 — Removal of ward's personalty from State.

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

N.C.G.S. § 35A-1290 — Removal by Clerk.
N.C.G.S. § 35A-1291 — Emergency removal; interlocutory orders on revocation.
N.C.G.S. § 35A-1292 — Resignation.
N.C.G.S. § 35A-1293 — Appointment of successor guardian.
N.C.G.S. § 35A-1294 — Estates without guardians.
N.C.G.S. § 35A-1295 — Termination of guardianship.

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

N.C.G.S. § 35A-1301 — Special proceedings to sell, exchange, mortgage, or lease.
N.C.G.S. § 35A-1302 — Procedure when real estate lies in county in which guardian does not reside.
N.C.G.S. § 35A-1303 — Fund from sale has character of estate sold and subject to same trusts.
N.C.G.S. § 35A-1305 — When timber may be sold.
N.C.G.S. § 35A-1306 — Abandoned incompetent spouse.
N.C.G.S. § 35A-1307 — Spouse of incompetent husband or wife entitled to special proceeding for sale of real property.

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

N.C.G.S. § 35A-1310 — Where one spouse or both incompetent; special proceeding before clerk.
N.C.G.S. § 35A-1311 — General law applicable; approved by judge.
N.C.G.S. § 35A-1312 — Proceeding valid in passing title.
N.C.G.S. § 35A-1313 — Clerk may direct application of funds; purchasers and mortgagees protected.
N.C.G.S. § 35A-1314 — Prior sales and mortgages validated.

Article 16 - Surplus Income and Advancements

N.C.G.S. § 35A-1321 — Advancement of surplus income to certain relatives.
N.C.G.S. § 35A-1322 — Advancement to adult child or grandchild.
N.C.G.S. § 35A-1323 — For what purpose and to whom advanced.
N.C.G.S. § 35A-1324 — Distributees to be parties to proceeding for advancements.
N.C.G.S. § 35A-1325 — Advancements to be equal; accounted for on death.
N.C.G.S. § 35A-1326 — Advancements to those most in need.
N.C.G.S. § 35A-1327 — Advancements to be secured against waste.
N.C.G.S. § 35A-1328 — Appeal; removal to superior court.
N.C.G.S. § 35A-1329 — Advancements only when incompetence permanent.
N.C.G.S. § 35A-1330 — Orders suspended upon restoration of competence.

Article 17 - Gifts from Income for Certain Purposes

N.C.G.S. § 35A-1335 — Gifts authorized with approval of judge of superior court.
N.C.G.S. § 35A-1336 — Prerequisites to approval by judge of gifts for governmental or charitable purposes.
N.C.G.S. § 35A-1336.1 — Prerequisites to approval by judge of gifts to individuals.
N.C.G.S. § 35A-1337 — Fact that incompetent had not previously made similar gifts.
N.C.G.S. § 35A-1338 — Validity of gift.

Article 18 - Gifts from Principal for Certain Purposes

N.C.G.S. § 35A-1340 — Gifts authorized with approval of judge of superior court.
N.C.G.S. § 35A-1341 — Prerequisites to approval by judge of gifts for governmental or charitable purposes.
N.C.G.S. § 35A-1341.1 — Prerequisites to approval by judge of gifts to individuals.
N.C.G.S. § 35A-1342 — Who deemed specific and residuary devisees of incompetent under § 35A-1341.
N.C.G.S. § 35A-1343 — Notice to minors and incompetents under § 35A-1341 and § 35A-1341.1.
N.C.G.S. § 35A-1344 — Objections to proposed gift; fact that incompetent had previously made similar gifts.
N.C.G.S. § 35A-1345 — Validity of gift.

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

N.C.G.S. § 35A-1350 — Declaration and gift for certain purposes authorized with approval of judge of superior court.
N.C.G.S. § 35A-1351 — Prerequisites to approval of gift.
N.C.G.S. § 35A-1352 — Who deemed specific and residuary devisees of incompetent under § 35A-1351.
N.C.G.S. § 35A-1353 — Notice to minors and incompetents under § 35A-1351.
N.C.G.S. § 35A-1354 — Objections to proposed declaration and gift; fact that incompetent had not previously made similar gifts.
N.C.G.S. § 35A-1355 — Validity of declaration and gift.

Article 20 - Guardians' Deeds Validated When Seal Omitted

N.C.G.S. § 35A-1360 — Deeds by guardians omitting seal, prior to January 1, 1944, validated.
N.C.G.S. § 35A-1361 — Certain private sales validated.

Article 21 - Standby Guardianship

N.C.G.S. § 35A-1370 — Definitions.
N.C.G.S. § 35A-1371 — Jurisdiction; limits.
N.C.G.S. § 35A-1372 — Standby guardianship; applicability.
N.C.G.S. § 35A-1373 — Appointment by petition of standby guardian; petition, notice, hearing, order.
N.C.G.S. § 35A-1374 — Appointment by written designation; form.
N.C.G.S. § 35A-1375 — Determination of incapacity or debilitation.
N.C.G.S. § 35A-1376 — Restoration of capacity or ability; suspension of guardianship.
N.C.G.S. § 35A-1377 — Authority concurrent to parental rights.
N.C.G.S. § 35A-1378 — Powers and duties.
N.C.G.S. § 35A-1379 — Appointment of guardian ad litem.
N.C.G.S. § 35A-1380 — Bond.
N.C.G.S. § 35A-1381 — Accounting.
N.C.G.S. § 35A-1382 — Termination.