North Carolina General Assembly
NC General Statutes
Chapter 35A - Incompetency and Guardianship.
The Statutes on the North Carolina General Assembly website reflect changes made in the
legislative session, through 7/30/2016.
Determination of Incompetence.
§ 35A-1101. Definitions.
§ 35A-1102. Scope of law; exclusive procedure.
§ 35A-1103. Jurisdiction; venue.
§ 35A-1104. Change of venue.
§ 35A-1105. Petition before clerk.
§ 35A-1106. Contents of petition.
§ 35A-1107. Right to counsel or guardian ad litem.
§ 35A-1108. Issuance of notice.
§ 35A-1109. Service of notice and petition.
§ 35A-1110. Right to jury.
§ 35A-1111. Multidisciplinary evaluation.
§ 35A-1112. Hearing on petition; adjudication order.
§ 35A-1113: Repealed by Session Laws 2016-72, s. 2, effective December 1, 2016.
§ 35A-1114. Appointment of interim guardian.
§ 35A-1115. Appeal from clerk's order.
§ 35A-1116. Costs and fees.
§§ 35A-1117 through 35A-1119: Reserved for future codification purposes.
Appointment of Guardian.
§ 35A-1120. Appointment of guardian.
§§ 35A-1121 through 35A-1129. Reserved for future codification purposes.
Restoration to Competency.
§ 35A-1130. Proceedings before clerk.
§§ 35A-1131 through 35A-1200: Reserved for future codification purposes.
Purpose and Scope; Jurisdiction; Venue.
§ 35A-1201. Purpose.
§ 35A-1202. Definitions.
§ 35A-1203. Jurisdiction; authority of clerk.
§ 35A-1204. Venue.
§ 35A-1205. Transfer to different county.
§ 35A-1206. Letters of appointment.
§ 35A-1207. Motions in the cause.
§ 35A-1208. Authority for health care decisions.
§ 35A-1209: Reserved for future codification purposes.
Appointment of Guardian for Incompetent Person.
§ 35A-1210. Application before clerk.
§ 35A-1211. Service of application, motions, and notices.
§ 35A-1212. Hearing before clerk on appointment of guardian.
§ 35A-1212.1. Recommendation of appointment of guardian by will or other writing.
§ 35A-1213. Qualifications of guardians.
§ 35A-1214. Priorities for appointment.
§ 35A-1215. Clerk's order; issuance of letters of appointment.
§ 35A-1216. Rule-making power of Secretary of Health and Human Services.
§ 35A-1217. Appointment of guardian ad litem for incompetent ward.
§ 35A-1218: Reserved for future codification purposes.
§ 35A-1219: Reserved for future codification purposes.
Appointment of Guardian for a Minor.
§ 35A-1220. Absence of natural guardian.
§ 35A-1221. Application before clerk.
§ 35A-1222. Service of application and notices.
§ 35A-1223. Hearing before clerk on appointment of guardian.
§ 35A-1224. Criteria for appointment of guardians.
§ 35A-1225. Testamentary recommendation; guardian for incompetent minor.
§ 35A-1226. Clerk's order; issuance of letters of appointment.
§ 35A-1227. Funds owed to minors.
§ 35A-1228. Guardians of children of servicemen; allotments and allowances.
§ 35A-1229: Reserved for future codification purposes.
§ 35A-1230. Bond required before receiving property.
§ 35A-1231. Terms and conditions of bond; increase on sale of realty or personal property.
§ 35A-1232. Exclusion of deposited money in computing amount of bond.
§ 35A-1233. Clerk's authority to reduce penalty of bond.
§ 35A-1234. Action on bond.
§ 35A-1235. One bond sufficient when several wards have estate in common.
§ 35A-1236. Renewal of bond.
§ 35A-1237. Relief of endangered sureties.
§ 35A-1238. Clerk's liability.
§ 35A-1239. Health and Human Services bond.
Powers and Duties of Guardian of the Person.
§ 35A-1240. Applicability of Article.
§ 35A-1241. Powers and duties of guardian of the person.
§ 35A-1242. Status reports for incompetent wards.
§ 35A-1243. Duties of designated agency.
§ 35A-1244. Procedure to compel status reports.
§ 35A-1245. Procedure to permit the sterilization of a mentally ill or a mentally retarded ward in the case of medical necessity.
§§ 35A-1246 through 35A-1249: Reserved for future codification purposes.
Powers and Duties of Guardian of the Estate.
§ 35A-1250. Applicability of Article.
§ 35A-1251. Guardian's powers in administering incompetent ward's estate.
§ 35A-1252. Guardian's powers in administering minor ward's estate.
§ 35A-1253. Specific duties of guardian of estate.
§§ 35A-1254 through 35A-1259: Reserved for future codification purposes.
Returns and Accounting.
§ 35A-1260. Applicability.
§ 35A-1261. Inventory or account within three months.
§ 35A-1262. Procedure to compel inventory or account.
§ 35A-1263. Repealed by Session Laws 1989, c. 473, s. 28.
§ 35A-1263.1. Supplemental inventory.
§ 35A-1264. Annual accounts.
§ 35A-1265. Procedure to compel accounting.
§ 35A-1266. Final account and discharge of guardian.
§ 35A-1267. Expenses and disbursements credited to guardian.
§ 35A-1268. Guardian to exhibit investments and bank statements.
§ 35A-1269. Commissions.
§ 35A-1270. Appointment; term; oath.
§ 35A-1271. Bond of public guardian; increasing bond.
§ 35A-1272. Powers, duties, liabilities, compensation.
§ 35A-1273. When letters issue to public guardian.
§§ 35A-1274 through 35A-1279: Reserved for future codification purposes.
Nonresident Ward Having Property in State.
§ 35A-1280. Appointment of ancillary guardian.
§ 35A-1281. Removal of ward's personalty from State.
§§ 35A-1282 through 35A-1289: Reserved for future codification purposes.
Removal or Resignation of Guardian; Successor Guardian; Estates Without Guardians; Termination of Guardianship.
§ 35A-1290. Removal by Clerk.
§ 35A-1291. Emergency removal; interlocutory orders on revocation.
§ 35A-1292. Resignation.
§ 35A-1293. Appointment of successor guardian.
§ 35A-1294. Estates without guardians.
§ 35A-1295. Termination of guardianship.
§§ 35A-1296 through 35A-1300: Reserved for future codification purposes.
Sale, Mortgage, Exchange or Lease of Ward's Estate.
§ 35A-1301. Special proceedings to sell, exchange, mortgage, or lease.
§ 35A-1302. Procedure when real estate lies in county in which guardian does not reside.
§ 35A-1303. Fund from sale has character of estate sold and subject to same trusts.
§ 35A-1304: Repealed by Session Laws 1989, c. 473, s. 7.
§ 35A-1305. When timber may be sold.
§ 35A-1306. Abandoned incompetent spouse.
§ 35A-1307. Spouse of incompetent husband or wife entitled to special proceeding for sale of real property.
§§ 35A-1308 through 35A-1309: Reserved for future codification purposes.
Mortgage or Sale of Estates Held by the Entireties.
§ 35A-1310. Where one spouse or both incompetent; special proceeding before clerk.
§ 35A-1311. General law applicable; approved by judge.
§ 35A-1312. Proceeding valid in passing title.
§ 35A-1313. Clerk may direct application of funds; purchasers and mortgagees protected.
§ 35A-1314. Prior sales and mortgages validated.
§§ 35A-1315 through 35A-1319: Reserved for future codification purposes.
Surplus Income and Advancements.
§ 35A-1320: Repealed by Session Laws 1989, c. 473, s. 14.
§ 35A-1321. Advancement of surplus income to certain relatives.
§ 35A-1322. Advancement to adult child or grandchild.
§ 35A-1323. For what purpose and to whom advanced.
§ 35A-1324. Distributees to be parties to proceeding for advancements.
§ 35A-1325. Advancements to be equal; accounted for on death.
§ 35A-1326. Advancements to those most in need.
§ 35A-1327. Advancements to be secured against waste.
§ 35A-1328. Appeal; removal to superior court.
§ 35A-1329. Advancements only when incompetence permanent.
§ 35A-1330. Orders suspended upon restoration of competence.
§§ 35A-1331 through 35A-1334: Reserved for future codification purposes.
Gifts from Income for Certain Purposes.
§ 35A-1335. Gifts authorized with approval of judge of superior court.
§ 35A-1336. Prerequisites to approval by judge of gifts for governmental or charitable purposes.
§ 35A-1336.1. Prerequisites to approval by judge of gifts to individuals.
§ 35A-1337. Fact that incompetent had not previously made similar gifts.
§ 35A-1338. Validity of gift.
§ 35A-1339: Reserved for future codification purposes.
Gifts from Principal for Certain Purposes.
§ 35A-1340. Gifts authorized with approval of judge of superior court.
§ 35A-1341. Prerequisites to approval by judge of gifts for governmental or charitable purposes.
§ 35A-1341.1. Prerequisites to approval by judge of gifts to individuals.
§ 35A-1342. Who deemed specific and residuary devisees of incompetent under § 35A-1341.
§ 35A-1343. Notice to minors and incompetents under § 35A-1341 and § 35A-1341.1.
§ 35A-1344. Objections to proposed gift; fact that incompetent had previously made similar gifts.
§ 35A-1345. Validity of gift.
§§ 35A-1346 through 35A-1349: Reserved for future codification purposes.
Declaring Revocable Trust Irrevocable and Making Gift of Incompetent's Life Interest Therein.
§ 35A-1350. Declaration and gift for certain purposes authorized with approval of judge of superior court.
§ 35A-1351. Prerequisites to approval of gift.
§ 35A-1352. Who deemed specific and residuary devisees of incompetent under § 35A-1351.
§ 35A-1353. Notice to minors and incompetents under § 35A-1351.
§ 35A-1354. Objections to proposed declaration and gift; fact that incompetent had not previously made similar gifts.
§ 35A-1355. Validity of declaration and gift.
§§ 35A-1356 through 35A-1359: Reserved for future codification purposes.
Guardians' Deeds Validated When Seal Omitted.
§ 35A-1360. Deeds by guardians omitting seal, prior to January 1, 1944, validated.
§ 35A-1361. Certain private sales validated.
§§ 35A-1362 through 35A-1369. Reserved for future codification purposes.
§ 35A-1370. Definitions.
§ 35A-1371. Jurisdiction; limits.
§ 35A-1372. Standby guardianship; applicability.
§ 35A-1373. Appointment by petition of standby guardian; petition, notice, hearing, order.
§ 35A-1374. Appointment by written designation; form.
§ 35A-1375. Determination of incapacity or debilitation.
§ 35A-1376. Restoration of capacity or ability; suspension of guardianship.
§ 35A-1377. Authority concurrent to parental rights.
§ 35A-1378. Powers and duties.
§ 35A-1379. Appointment of guardian ad litem.
§ 35A-1380. Bond.
§ 35A-1381. Accounting.
§ 35A-1382. Termination.