reglab/housing_qa huggingface dataset:
NC Gen Stat § 35A-1130 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 3 - Restoration to Competency.|§ 35A-1130 - Proceedings before clerk.

 35A-1130. 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 show that the ward is competent.(b) Upon receipt of the motion, the clerk shall set a date, time, and place for a hearing, which shall be not less than 10 days or more than 30 days from service of the motion and notice of hearing on the ward and the guardian, or on the one of them who is not the petitioner, unless the clerk for good cause directs otherwise. The petitioner shall cause notice and a copy of the motion to be served on the guardian and ward (but not on one who is the petitioner) and any other parties to the incompetency proceeding. Service shall be in accordance with provisions of G.S. 1A-1, Rule 4, Rules of Civil Procedure.(c) At the hearing on the motion, the ward shall be entitled to be represented by counsel or guardian ad litem, and a guardian ad litem shall be appointed in accordance with rules adopted by the Office of Indigent Defense Services if the ward is indigent and not represented by counsel. Upon motion of any party or the clerk's own motion, the clerk may order a multidisciplinary evaluation. The ward 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 entering an order for trial by jury on his own motion. Provided, if there is a jury in a proceeding for restoration to competency, it shall be a jury of six persons selected in accordance with the provisions of Chapter 9 of the General Statutes.(d) If the clerk or jury finds by a preponderance of the evidence that the ward is competent, the clerk shall enter an order adjudicating that the ward is restored to competency. Upon such adjudication, the ward is authorized to manage his or her affairs, make contracts, control and sell his or her property, both real and personal, and exercise all rights as if he or she had never been adjudicated incompetent. In addition, the clerk shall send a certified copy of the order adjudicating that the ward is restored to competency to the Division of Motor Vehicles.(e) The filing and approval of final accounts from the guardian and the discharge of the guardian shall be as provided in Subchapter II of this Chapter.(f) If the clerk or jury fails to find that the ward should be restored to competency, the clerk shall enter an order denying the petition. The ward may appeal from the clerk's order to the superior court for trial de novo.  (1987, c. 550, s. 1; 2000-144, s. 34; 2015-165, s. 2.)
NC Gen Stat § 35A-1201 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 4 - Purpose and Scope; Jurisdiction; Venue.|§ 35A-1201 - Purpose.

 35A-1201. 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 who are not able to act effectively on their own behalf have a right to a qualified, responsible guardian.(3) The essential purpose of guardianship for an incompetent person is to replace the individual's authority to make decisions with the authority of a guardian when the individual does not have adequate capacity to make such decisions.(4) Limiting the rights of an incompetent person by appointing a guardian for him should not be undertaken unless it is clear that a guardian will give the individual a fuller capacity for exercising his rights.(5) Guardianship should seek to preserve for the incompetent person the opportunity to exercise those rights that are within his comprehension and judgment, allowing for the possibility of error to the same degree as is allowed to persons who are not incompetent. To the maximum extent of his capabilities, an incompetent person should be permitted to participate as fully as possible in all decisions that will affect him.(6) Minors, because they are legally incompetent to transact business or give consent for most purposes, need responsible, accountable adults to handle property or benefits to which they are entitled. Parents are the natural guardians of the person of their minor children, but unemancipated minors, when they do not have natural guardians, need some other responsible, accountable adult to be responsible for their personal welfare and for personal decision-making on their behalf.(b) The purposes of this Subchapter are:(1) To establish standards and procedures for the appointment of guardians of the person, guardians of the estate, and general guardians for incompetent persons and for minors who need guardians;(2) To specify the powers and duties of such guardians;(3) To provide for the protection of the person and conservation of the estate of the ward through periodic accountings and reports; and(4) To provide for the termination of guardianships. (1987, c. 550, s. 1.)
NC Gen Stat § 35A-1203 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 4 - Purpose and Scope; Jurisdiction; Venue.|§ 35A-1203 - Jurisdiction; authority of clerk.

 35A-1203. 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 superior court in their respective counties have original jurisdiction for the appointment of guardians of the estate for minors, for the appointment of guardians of the person or general guardians for minors who have no natural guardian, and of related proceedings brought or filed under this Subchapter.(b) The clerk shall retain jurisdiction following appointment of a guardian in order to assure compliance with the clerk's orders and those of the superior court. The clerk shall have authority to remove a guardian for cause and shall appoint a successor guardian, following the criteria set forth in G.S. 35A-1213 or G.S. 35A-1224, after removal, death, or resignation of a guardian.(c) The clerk shall have authority to determine disputes between guardians and to adjust the amount of the guardian's bond.(d) Any party or any other interested person may petition the clerk to exercise the authority conferred on the clerk by this section.(e) Where a guardian or trustee has been appointed for a ward under former Chapter 33 or former Chapter 35 of the General Statutes, the clerk, upon his own motion or the motion of that guardian or trustee or any other interested person, may designate that guardian or trustee or appoint another qualified person as guardian of the person, guardian of the estate, or general guardian of the ward under this Chapter; provided, the authority of a guardian or trustee properly appointed under former Chapter 33 or former Chapter 35 of the General Statutes to continue serving in that capacity is not dependent on such motion and designation. (1987, c. 550, s. 1; 2003-13, s. 3.)
NC Gen Stat § 35A-1204 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 4 - Purpose and Scope; Jurisdiction; Venue.|§ 35A-1204 - Venue.

 35A-1204. 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 for the appointment of a guardian for a minor is in the county in which the minor resides or is domiciled.(c) Venue for the appointment of an ancillary guardian for a nonresident of the State of North Carolina who is a minor or who has been adjudicated incompetent in another state, and who has a guardian of the estate or general guardian in the state of his residence, is in any county in which is located real estate in which the nonresident ward has an ownership or other interest, or if the nonresident ward has no such interest in real estate, any county in which the nonresident owns or has an interest in personal property. (1987, c. 550, s. 1.)
NC Gen Stat § 35A-1205 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 4 - Purpose and Scope; Jurisdiction; Venue.|§ 35A-1205 - Transfer to different county.

 35A-1205. 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 directing the transfer under such conditions as the clerk specifies. The clerk in the transferring county shall transfer all original papers, documents, and orders from the guardianship and the incompetency proceeding, if any, to the clerk of the transferee county, along with the order directing the transfer. The clerk in the transferee county shall docket and file the papers in the estates division as a basis for jurisdiction in all subsequent proceedings. The clerk in the transferring county shall close his file with a copy of the transfer order and any order adjudicating incompetence or appointing a guardian. (1987, c. 550, s. 1.)
NC Gen Stat § 35A-1206 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 4 - Purpose and Scope; Jurisdiction; Venue.|§ 35A-1206 - Letters of appointment.

 35A-1206. 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 guardian is a guardian of the estate, a guardian of the person, or a general guardian. (1987, c. 550, s. 1.)
NC Gen Stat § 35A-1207 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 4 - Purpose and Scope; Jurisdiction; Venue.|§ 35A-1207 - Motions in the cause.

 35A-1207. Motions in the cause.(a) Any interested person may file a motion in the cause with the clerk in the county where a guardianship is docketed to request modification of the order appointing a guardian or guardians or consideration of any matter pertaining to the guardianship.(b) The clerk shall treat all such requests, however labeled, as motions in the cause.(c) A movant under this section shall obtain from the clerk a time, date, and place for a hearing on the motion, and shall serve the motion and notice of hearing on all other parties and such other persons as the clerk directs as provided by G.S. 1A-1, Rule 5 of the Rules of Civil Procedure, unless the clerk orders otherwise.(d) If the clerk finds reasonable cause to believe that an emergency exists that threatens the physical well-being of the ward or constitutes a risk of substantial injury to the ward's estate, the clerk may enter an appropriate ex parte order to address the emergency pending disposition of the matter at the hearing. (1987, c. 550, s. 1.)
NC Gen Stat § 35A-1208 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 4 - Purpose and Scope; Jurisdiction; Venue.|§ 35A-1208 - Authority for health care decisions.

 35A-1208. Authority for health care decisions.(a) A guardian of the person or general guardian of an incompetent adult may petition the Clerk, in accordance with G.S. 32A-22(a), for an order suspending the authority of a health care agent, as that term is defined in G.S. 32A-16(2).(b) A guardian of the person or general guardian of an incompetent adult may not revoke a Declaration, as that term is defined in G.S. 90-321. (2007-502, s. 8.)
NC Gen Stat § 35A-1210 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 5 - Appointment of Guardian for Incompetent Person.|§ 35A-1210 - Application before clerk.

 35A-1210. Application before clerk.Any individual, corporation, or disinterested public agent may file an application for the appointment of a guardian for an incompetent person by filing the same with the clerk. The application may be joined with or filed subsequent to a petition for the adjudication of incompetence under Subchapter I of this Chapter. The application shall set forth, to the extent known and to the extent such information is not already a matter of record in the case:(1) The name, age, address, and county of residence of the ward or respondent;(2) The name, address, and county of residence of the applicant, his relationship if any to the respondent or ward, and his interest in the proceeding;(3) The name, address, and county of residence of the respondent's next of kin and other persons known to have an interest in the proceeding;(4) A general statement of the ward's or respondent's assets and liabilities with an estimate of the value of any property, including any income and receivables to which he is entitled; and(5) Whether the applicant seeks the appointment of a guardian of the person, a guardian of the estate, or a general guardian, and whom the applicant recommends or seeks to have appointed as such guardian or guardians. (1987, c. 550, s. 1.)
NC Gen Stat § 35A-1211 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 5 - Appointment of Guardian for Incompetent Person.|§ 35A-1211 - Service of application, motions, and notices.

 35A-1211. Service of application, motions, and notices.(a) Application for appointment of a guardian and related motions and notices shall be served on the respondent, respondent's counsel or guardian ad litem, other parties of record, and such other persons as the clerk shall direct.(b) When the application for appointment of a guardian is joined with a petition for adjudication of incompetence, the application shall be served with and in the same manner as the petition for adjudication of incompetence. When the application is filed subsequent to the petition for adjudication of incompetence, the applicant shall serve the application as provided by G.S. 1A-1, Rule 5, Rules of Civil Procedure, unless the clerk directs otherwise. (1987, c. 550, s. 1; 1989, c. 473, s. 25.)
NC Gen Stat § 35A-1212 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 5 - Appointment of Guardian for Incompetent Person.|§ 35A-1212 - Hearing before clerk on appointment of guardian.

 35A-1212. Hearing before clerk on appointment of guardian.(a) The clerk shall make such inquiry and receive such evidence as the clerk deems necessary to determine:(1) The nature and extent of the needed guardianship;(2) The assets, liabilities, and needs of the ward; and(3) Who, in the clerk's discretion, can most suitably serve as the guardian or guardians.If the clerk determines that the nature and extent of the ward's capacity justifies ordering a limited guardianship, the clerk may do so.(b) If a current multidisciplinary evaluation is not available and the clerk determines that one is necessary, the clerk, on his own motion or the motion of any party, may order that such an evaluation be performed pursuant to G.S. 35A-1111. The provisions of that section shall apply to such an order for a multidisciplinary evaluation following an adjudication of incompetence.(c) The clerk may require a report prepared by a designated agency to evaluate the suitability of a prospective guardian, to include a recommendation as to an appropriate party or parties to serve as guardian, or both, based on the nature and extent of the needed guardianship and the ward's assets, liabilities, and needs.(d) If a designated agency has not been named pursuant to G.S. 35A-1111, the clerk may, at any time he finds that the best interest of the ward would be served thereby, name a designated agency. (1987, c. 550, s. 1; 2003-236, s. 1.)
NC Gen Stat § 35A-1212.1 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 5 - Appointment of Guardian for Incompetent Person.|§ 35A-1212.1 - Recommendation of appointment of guardian by will or other writing.

 35A-1212.1. Recommendation of appointment of guardian by will or other writing.Any parent may by will recommend appointment of a guardian for an unmarried child who has been adjudicated an incompetent person and specify desired limitations on the powers to be given to the guardian. If both parents make such recommendations, the will with the latest date shall, in the absence of other relevant factors, prevail. Such recommendation shall be a strong guide for the clerk in appointing a guardian, but the clerk is not bound by the recommendation if the clerk finds that a different appointment is in the incompetent adult's best interest. If the will specifically so directs, a guardian appointed pursuant to such recommendation may be permitted to qualify and serve without giving bond, unless the clerk finds as a fact that the interest of the incompetent adult would be best served by requiring the guardian to give bond. (2005-333, s. 1.)
NC Gen Stat § 35A-1214 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 5 - Appointment of Guardian for Incompetent Person.|§ 35A-1214 - Priorities for appointment.

 35A-1214. Priorities for appointment.The clerk shall consider appointing a guardian according to the following order of priority: an individual recommended under G.S. 35A-1212.1; an individual; a corporation; or a disinterested public agent. No public agent shall be appointed guardian until diligent efforts have been made to find an appropriate individual or corporation to serve as guardian, but in every instance the clerk shall base the appointment of a guardian or guardians on the best interest of the ward. (1987, c. 550, s. 1; 2005-333, s. 2.)
NC Gen Stat § 35A-1215 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 5 - Appointment of Guardian for Incompetent Person.|§ 35A-1215 - Clerk's order; issuance of letters of appointment.

 35A-1215. Clerk's order; issuance of letters of appointment.(a) When appointing a guardian, the clerk shall enter an order setting forth:(1) The nature of the guardianship or guardianships to be created and the name of the person or entity appointed to fill each guardianship; and(2) The powers and duties of the guardian or guardians, which shall include, unless the clerk orders otherwise, (i) with respect to a guardian of the person and general guardian, the powers and duties provided under G.S. 35A, Article 8, and (ii) with respect to a guardian of the estate and general guardian, the powers, and duties provided under G.S. 35A, Article 9 and Subchapter III; and(3) The identity of the designated agency if there is one.(b) If the clerk orders a limited guardianship as authorized by G.S. 35A-1212(a), the clerk may order that the ward retain certain legal rights and privileges to which the ward was entitled before the ward was adjudged incompetent. Any order of limited guardianship shall include findings as to the nature and extent of the ward's incompetence as it relates to the ward's need for a guardian or guardians.(c) The clerk shall issue the guardian or guardians letters of appointment as provided in G.S. 35A-1206. (1987, c. 550, s. 1; 2003-236, s. 2.)
NC Gen Stat § 35A-1216 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 5 - Appointment of Guardian for Incompetent Person.|§ 35A-1216 - Rule-making power of Secretary of Health and Human Services.

 35A-1216. Rule-making power of Secretary of Health and Human Services.The Secretary of the Department of Health and Human Services shall adopt rules concerning the guardianship responsibilities of disinterested public agents. The rules shall provide, among other things, that disinterested public agents shall undertake or have received training concerning the powers and responsibilities of guardians. (1987, c. 550, s. 1; 1997-443, s. 11A.15.)
NC Gen Stat § 35A-1217 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 5 - Appointment of Guardian for Incompetent Person.|§ 35A-1217 - Appointment of guardian ad litem for incompetent ward.

 35A-1217. Appointment of guardian ad litem for incompetent ward.The clerk shall appoint a guardian ad litem to represent a ward in a proceeding under this Subchapter if the ward has been adjudicated incompetent under Subchapter I and the clerk determines that the ward's interests are not adequately represented. Appointment and discharge of the guardian ad litem shall be in accordance with rules adopted by the Office of Indigent Defense Services. Nothing herein shall affect the ward's right to retain counsel of his or her own choice.  (2009-387, s. 2.)
NC Gen Stat § 35A-1220 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 6 - Appointment of Guardian for a Minor.|§ 35A-1220 - Absence of natural guardian.

 35A-1220. Absence of natural guardian.When a minor either has no natural guardian or has been abandoned, and the minor requires services from the county department of social services, the social services director in the county in which the minor resides or is domiciled shall be the guardian of the person of the minor until the appointment of a general guardian or guardian of the person for the minor under this Subchapter or the entry of an order by a court of competent jurisdiction awarding custody of the minor or appointing a general guardian or guardian of the person for the minor. (1987, c. 550, s.1.)
NC Gen Stat § 35A-1221 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 6 - Appointment of Guardian for a Minor.|§ 35A-1221 - Application before clerk.

 35A-1221. Application before clerk.Any person or corporation, including any State or local human services agency through its authorized representative, may make application for the appointment of a guardian of the estate for any minor or for the appointment of a guardian of the person or general guardian for any minor who has no natural guardian by filing an application with the clerk. The application shall set forth, to the extent known:(1) The minor's name, date of birth, address, and county of residence;(2) The names and address of the minor's parents, if living, and of other persons known to have an interest in the application for appointment of a guardian; the name of and date of death of the minor's deceased parent or parents;(3) The applicant's name, address, county of residence, relationship if any to the minor, and interest in the proceeding;(4) If a guardian has been appointed for the minor or custody of the minor has been awarded, a statement of the facts relating thereto and a copy of any guardianship or custody order, if available;(5) A general statement of the minor's assets and liabilities with an estimate of the value of any property, including any income and receivables to which he is entitled;(6) A statement of the reason or reasons that the appointment of a guardian is sought; whether the applicant seeks the appointment of a guardian of the person, a guardian of the estate, or a general guardian; and whom the applicant recommends or seeks to have appointed as such guardian or guardians; and(7) Any other information that will assist the clerk in determining the need for a guardian or in appointing a guardian. (1987, c. 550, s. 1; 1989, c. 473, s. 24; 1997-443, s. 11A.16.)