N.C. Gen. Stat. § 34-1
Title
Title. This Chapter shall be known as "The Veterans' Guardianship Act." (1929, c. 33, s. 1.)
North Carolina General Statutes Chapter 34 — Chapter 34.
North Carolina · statute · N.C. Gen. Stat. ch. 34 · 19 active provisions
N.C. Gen. Stat. § 34-2
Definitions
Definitions. In this Chapter: The term "benefits" shall mean all moneys payable by the United States through the Bureau. The term "Bureau" means the United States Veterans' Bureau or its successor. The term "Director" means the Director of the United States Veterans' Bureau or his successor. "Estate" means income on ha…
N.C. Gen. Stat. § 34-2.1
Guardian's powers as to property; validation of prior acts
Guardian's powers as to property; validation of prior acts. Any guardian appointed under the provisions of this Chapter may be guardian of all property, real or personal, belonging to the ward to the same extent as a guardian appointed under the provisions of Chapter 35A of the General Statutes, and the provisions of s…
N.C. Gen. Stat. § 34-3
Appointment of guardian for wards entitled to benefits from United States Veterans' Bureau
Appointment of guardian for wards entitled to benefits from United States Veterans' Bureau. Whenever, pursuant to any law of the United States or regulation of the Bureau, the Director requires, prior to payment of benefits, that a guardian be appointed for a ward, such appointment shall be made in the manner hereinaft…
N.C. Gen. Stat. § 34-4
Guardian may not be named for more than five wards; exceptions; banks and trust companies, public guardians, or where wards are members of same family
Guardian may not be named for more than five wards; exceptions; banks and trust companies, public guardians, or where wards are members of same family. It shall be unlawful for any person, other than a public guardian qualified under Article 11, Chapter 35A, General Statutes of North Carolina, to accept appointment as…
N.C. Gen. Stat. § 34-5
Petition for appointment of guardian
Petition for appointment of guardian. A petition for the appointment of a guardian may be filed in any court of competent jurisdiction by or on behalf of any person who under existing law is entitled to priority of appointment. If there be no person so entitled or if the person so entitled shall neglect or refuse to fi…
N.C. Gen. Stat. § 34-6
Certificate of Director prima facie evidence of necessity for appointment of guardian of minor
Certificate of Director prima facie evidence of necessity for appointment of guardian of minor. Where a petition is filed for the appointment of a guardian of a minor ward a certificate of the Director, or his representative, setting forth the age of such minor as shown by the records of the Bureau and the fact that th…
N.C. Gen. Stat. § 34-7
Certificate as evidence in regard to guardianship of mentally incompetent wards
Certificate as evidence in regard to guardianship of mentally incompetent wards. Where a petition is filed for the appointment of a guardian of a mentally incompetent ward a certificate of the Director, or his representative, setting forth the fact that such person has been rated incompetent by the Bureau on examinatio…
N.C. Gen. Stat. § 34-8
Notice of filing of petition
Notice of filing of petition. Upon the filing of a petition for the appointment of a guardian, under the provisions of this Chapter, the court shall cause such notice to be given as provided by law. (1929, c. 33, s. 8.)
N.C. Gen. Stat. § 34-9
Qualifications of guardian; surety bond
Qualifications of guardian; surety bond. Before making an appointment under the provisions of this Chapter the court shall be satisfied that the guardian whose appointment is sought is a fit and proper person to be appointed. Upon the appointment being made the guardian shall execute and file a surety bond to be approv…
N.C. Gen. Stat. § 34-10
Guardian's accounts to be filed; hearing on accounts
Guardian's accounts to be filed; hearing on accounts. Every guardian, who shall receive on account of his ward any moneys from the Bureau, shall file with the court annually, on the anniversary date of the appointment, in addition to such other accounts as may be required by the court, a full, true, and accurate accoun…
N.C. Gen. Stat. § 34-11
Failure to file account cause for removal
Failure to file account cause for removal. If any guardian shall fail to file any account of the moneys received by him from the Bureau on account of his ward within 30 days after such account is required by either the court or the Bureau, or shall fail to furnish the Bureau a copy of his accounts as required by this C…
N.C. Gen. Stat. § 34-12
Compensation at five percent; additional compensation; premiums on bonds
Compensation at five percent; additional compensation; premiums on bonds. Compensation payable to guardians shall not exceed five percent (5%) of the income of the ward during any year, except that the court may approve compensation in the accounting in an amount not to exceed twenty-five dollars ($25.00) from an estat…
N.C. Gen. Stat. § 34-13
Investment of funds
Investment of funds. Every guardian shall invest the funds of the estate in any of the following securities: (1) United States government bonds. (2) State of North Carolina bonds issued since the year 1872. (3) By loaning the same upon real estate securities in which the guardian has no interest, such loans not to exce…
N.C. Gen. Stat. § 34-14
Application of ward's estate
Application of ward's estate. A guardian may apply any income received from the Veterans Administration for the benefit of the ward in the same manner and to the same extent as other income of the estate without the necessity of securing an order of court. A guardian shall not apply any portion of the estate of his war…
N.C. Gen. Stat. § 34-14.1
Payment of veterans' benefits to relatives
Payment of veterans' benefits to relatives. (a) It shall be lawful for a guardian or trustee of a mentally disordered or incompetent Veterans Administration beneficiary to pay to or for (1) The spouse or children or mother or father of the ward, whether or not said spouse or children or mother or father received any pa…
N.C. Gen. Stat. § 34-15
Certified copy of record required by Bureau to be furnished without charge
Certified copy of record required by Bureau to be furnished without charge. Whenever a copy of any public record is required by the Bureau or the Department of Military and Veterans Affairs to be used in determining the eligibility of any person to participate in benefits made available by such Bureau, the official cha…
N.C. Gen. Stat. § 34-17
Discharge of guardian
Discharge of guardian. When a minor ward for whom a guardian has been appointed under the provisions of this Chapter or other laws of this State shall have attained his or her majority, and if incompetent shall be declared competent by the Bureau and by an order of the clerk of the superior court of the county in which…
N.C. Gen. Stat. § 34-18
Construction of Chapter
Construction of Chapter. This Chapter shall be construed liberally to secure the beneficial intents and purposes thereof and shall apply only to beneficiaries of the Bureau. (1929, c. 33, s. 18.)