North Carolina · statute · N.C. Gen. Stat. ch. 35A · 140 active provisions
Definitions. The following definitions apply in this Subchapter: (1) Autism - A physical disorder of the brain which causes disturbances in the developmental rate of physical, social, and language skills; abnormal responses to sensations; absence of or delay in speech or language; or abnormal ways of relating to people…
Scope of law; exclusive procedure. This Article establishes the exclusive procedure for adjudicating a person to be an incompetent adult or an incompetent child. However, nothing in this Article shall interfere with the authority of a judge to appoint a guardian ad litem for a party to litigation under Rule 17(b) of th…
Jurisdiction; venue. (a) The clerk in each county shall have original jurisdiction over proceedings under this Subchapter, subject to the rules set forth in Article 2 of Chapter 35B of the General Statutes. (b) Venue for proceedings under this Subchapter shall be in the county in which the respondent resides or is domi…
Change of venue. The clerk, on motion of a party or the clerk's own motion, may order a change of venue upon finding that no hardship or prejudice to the respondent will result from a change of venue. (1987, c. 550, s. 1.)
Petition before clerk. A verified petition for the adjudication of incompetence of an adult, or of a minor who is within six months of reaching majority, may be filed with the clerk by any person, including any State or local human services agency or healthcare provider through its authorized representative without the…
Contents of petition. The petition shall set forth, to the extent known, all of the following: (1) The name, age, address, and county of residence of the respondent. (2) The name, address, and county of residence of the petitioner, and the petitioner's interest in the proceeding. (3) A general statement of the responde…
Right to counsel or guardian ad litem. (a) The respondent is entitled to be represented by counsel of the respondent's own choice or by an appointed guardian ad litem. Upon filing of the petition, an attorney shall be appointed as guardian ad litem to represent the respondent unless the respondent retains counsel, in w…
Issuance of notice. (a) Within five days after filing of the petition, the clerk shall issue a written notice of the date, time, and place for a hearing on the petition, which shall be held not less than 10 days nor more than 30 days after service of the notice of rights required under G.S. 35A-1117 and the petition an…
Service of notice and petition. (a) Copies of the notice of rights required under G.S. 35A-1117 and the petition and initial notice of hearing shall be personally served on the respondent. Respondent's counsel or guardian ad litem shall be served pursuant to G.S. 1A-1, Rule 4, Rules of Civil Procedure. A sheriff who se…
Right to jury. The respondent has a right, upon request by him, his counsel, or his guardian ad litem, to trial by jury. Failure to request a trial by jury shall constitute a waiver of the right. The clerk may nevertheless require trial by jury in accordance with G.S. 1A-1, Rule 39(b), Rules of Civil Procedure, by ente…
Multidisciplinary evaluation. (a) To assist in determining the nature and extent of a respondent's disability, or to assist in developing an appropriate guardianship plan and program, the clerk, on his own motion or the motion of any party, may order that a multidisciplinary evaluation of the respondent be performed. A…
Hearing on petition; adjudication order. (a) The hearing on the petition shall be at the date, time, and place set forth in the final notice of hearing and shall be open to the public unless the respondent or his counsel or guardian ad litem requests otherwise, in which event the clerk shall exclude all persons other t…
Appointment of interim guardian. (a) At the time of or subsequent to the filing of a petition under this Article, the petitioner or guardian ad litem may also file a verified motion with the clerk seeking the appointment of an interim guardian. (b) The motion filed by the petitioner or guardian ad litem shall set forth…
Appeal from clerk's order. Appeal from an order adjudicating incompetence shall be to the superior court for hearing de novo and thence to the Court of Appeals. An appeal does not stay the appointment of a guardian unless so ordered by the superior court or the Court of Appeals. The Court of Appeals may request the Att…
Costs and fees. (a) Costs. - Except as otherwise provided herein, costs shall be assessed as in special proceedings. Costs, including any reasonable fees and expenses of counsel, shall be taxed against any party or apportioned among the parties, in the discretion of the court. In exercising such discretion, the court s…
Notice of rights of respondent. (a) Notice of Rights. - Every respondent in a proceeding under this Chapter shall be given a notice of his or her rights which shall be set forth in a conspicuous manner and substantially similar to the following language: "THE LAWS GOVERNING INCOMPETENCY AND GUARDIANSHIP ARE COMPLEX. TH…
Appointment of guardian. Except as otherwise provided in this Article, if the respondent is adjudicated incompetent, or proper application is made for appointment of the guardian of a minor under Article 6 of this Chapter, a guardian or guardians shall be appointed in the manner provided for in Subchapter II of this Ch…
Authorization of a single protective arrangement or single transaction without appointing guardian. (a) If it is established in a proper proceeding that a basis exists for the appointment of a guardian of a minor or an incompetent person, the clerk of superior court, without appointing a guardian, may order a single pr…
Proceedings before clerk. (a) The guardian, ward, or any other interested person may petition for restoration of the ward to competency by filing a motion in the cause of the incompetency proceeding with the clerk who is exercising jurisdiction therein. The motion shall be verified and shall set forth facts tending to…
Purpose. (a) The General Assembly of North Carolina recognizes that: (1) Some minors and incompetent persons, regardless of where they are living, require the assistance of a guardian in order to help them exercise their rights, including the management of their property and personal affairs. (2) Incompetent persons wh…
Definitions. The following definitions apply in this Subchapter: (1) Accounting. - The financial or status reports filed with the clerk, designated agency, respondent, or other person or party with whom the reports are required to be filed. (2) Clerk. - The clerk of superior court. (3) Designated agency. - The State or…
Jurisdiction; authority of clerk. (a) Clerks of superior court in their respective counties have original jurisdiction for the appointment of guardians of the person, guardians of the estate, or general guardians for incompetent persons and of related proceedings brought or filed under this Subchapter. Clerks of superi…
Venue. (a) Venue for the appointment of a guardian for an incompetent person is in the county in which the person was adjudicated to be incompetent unless the clerk in that county has transferred the matter to a different county, in which case venue is in the county to which the matter has been transferred. (b) Venue f…
Transfer to different county. At any time before or after appointing a guardian for a minor or incompetent person the clerk may, on a motion filed in the cause or on the court's own motion, for good cause order that the matter be transferred to a different county. The transferring clerk shall enter a written order dire…
Letters of appointment. Whenever a guardian has been duly appointed and qualified under this Subchapter, the clerk shall issue to the guardian letters of appointment signed by the clerk and sealed with the clerk's seal of office. In all cases, the clerk shall specify in the order and letters of appointment whether the…