North Carolina · statute · N.C. Gen. Stat. ch. 35B · 23 active provisions
Short title and legislative purpose. (a) This Chapter may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. (b) The General Assembly of North Carolina finds that there is ambiguity in the law with respect to jurisdiction in guardianship proceedings when more than one state is invol…
Definitions. The following definitions apply in this Chapter: (1) Adult. - An individual who has attained 18 years of age. (2) Court. - For purposes of this Chapter, where the word "court" is used, it means the clerk of the superior court to the same extent that the clerk of superior court has original subject matter j…
Proceedings governed by other law. This Chapter does not govern the following: (1) Guardianship and guardianship proceedings pertaining to minors less than 18 years of age. (2) Protective services proceedings pertaining to disabled and older adults pursuant to Articles 6 and 6A of Chapter 108A of the General Statutes.…
International application. A court of this State may treat a foreign country as if it were a state for the purpose of applying this Article and Articles 2, 3, and 5 of this Chapter. (2016-72, s. 1.)
Communication between courts. (a) A court of this State may communicate with a court in another state concerning a proceeding arising under this Chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b) of this section, the court shall make a record of…
Cooperation between courts. (a) In an incompetency, guardianship, or protective proceeding in this State, a court of this State may request the appropriate court of another state to do any of the following: (1) Hold an evidentiary hearing. (2) Order a person in that state to produce evidence or give testimony pursuant…
Taking testimony in another state. (a) In an incompetency, guardianship, or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this State for testimony taken in another state. The c…
Definitions. (a) The following definitions apply in this Article: (1) Emergency. - A circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian of the person is necessary because no other person has authority and is willing to act o…
Exclusive jurisdictional basis. This Article provides the exclusive jurisdictional basis for a court of this State to adjudicate incompetence, appoint a general guardian or guardian of the person, or issue a protective order for an adult. (2016-72, s. 1.)
Jurisdiction. Notwithstanding the provisions of G.S. 1-75.4(1), a court of this State has jurisdiction to adjudicate incompetence, appoint a general guardian or guardian of the person, or issue a protective order for a respondent only if: (1) This State is the respondent's home state; or (2) On the date the petition fo…
Special jurisdiction. (a) A court of this State lacking jurisdiction under G.S. 35B-17 has special jurisdiction to do any of the following: (1) Appoint a guardian of the person in an emergency for a term not exceeding 90 days for a respondent who is physically present in this State. (2) Issue a protective order with re…
Exclusive and continuing jurisdiction. Except as otherwise provided in G.S. 35B-18, a court that has appointed a general guardian or guardian of the person or issued a protective order consistent with this Chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the a…
Appropriate forum. (a) A court of this State having jurisdiction under G.S. 35B-17 to adjudicate incompetence, appoint a general guardian or a guardian of the person, or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate for…
Jurisdiction declined by reason of conduct. (a) If at any time a court of this State determines that it acquired jurisdiction to adjudicate incompetence, appoint a general guardian or guardian of the person, or issue a protective order because of unjustifiable conduct, the court may do any of the following: (1) Decline…
Notice of proceeding. If a petition for the adjudication of incompetence or application for the appointment of a general guardian or guardian of the person or issuance of a protective order is brought in this State and this State was not the respondent's home state on the date the petition was filed, in addition to com…
Proceedings in more than one state. Except for a petition for the appointment of a guardian of the person in an emergency or issuance of a protective order limited to property located in this State under G.S. 35B-18(a)(1) or (a)(2), if a petition for the adjudication of incompetence, appointment of a general guardian o…
Transfer of general guardianship, guardianship of the person, or guardianship of the estate to another state. (a) A general guardian, guardian of the person, or guardian of the estate appointed in this State may petition the court to transfer the incompetency proceeding and the general guardianship, guardianship of the…
Accepting guardianship, guardianship of the person, or guardianship of the estate transferred from another state. (a) To confirm transfer of a general guardianship, guardianship of the person, or guardianship of the estate transferred to this State under provisions similar to G.S. 35B-30, the general guardian, guardian…
Registration of guardianship of the person orders. If a guardian of the person has been appointed in another state and a petition for the adjudication of incompetence or an application for the appointment of a guardian of the person is not pending in this State, the guardian of the person appointed in the other state,…
Registration of protective orders and general guardianship orders. If a guardian of the estate or general guardian has been appointed in another state and a petition for the adjudication of incompetence or an application for the issuance of a protective order is not pending in this State, the guardian of the estate or…
Effect of registration. (a) Upon registration of a general guardianship, guardianship of the person, or protective order from another state, the general guardian, guardian of the person, or guardian of the estate may exercise in this State all powers authorized in the order of appointment except as prohibited under the…
Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (2016-72, s. 1.)
Relation to electronic signatures in Global and National Commerce Act. This Chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize el…