reglab/housing_qa huggingface dataset:
NC Gen Stat § 35A-1352 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 19 - Declaring Revocable Trust Irrevocable and Making Gift of Incompetent's Life Interest Therein.|§ 35A-1352 - Who deemed specific and residuary devisees of incompetent under § 35A-1351.

 35A-1352. Who deemed specific and residuary devisees of incompetent under 35A-1351.For purposes of G.S. 35A-1351(5)a. of this Article, if such paper-writing provides for the residuary estate to be placed in trust for a term of years, with stated amounts of income payable to designated beneficiaries during the term and stated amounts payable to designated beneficiaries upon termination of the trust, such designated beneficiaries shall be deemed to be specific devisees and those taking the remaining income of the trust and, at the end of the term, the remaining principal shall be deemed to be residuary devisees who would take under the paper-writing if the incompetent died contemporaneously with the signing of the order of approval of such gifts. In no case shall any prospective executor or trustee be considered either a specific or residuary devisee.  (1963, c. 113, s. 3; 1987, c. 550, s. 6; 2011-284, s. 44.)
NC Gen Stat § 35A-1353 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 19 - Declaring Revocable Trust Irrevocable and Making Gift of Incompetent's Life Interest Therein.|§ 35A-1353 - Notice to minors and incompetents under § 35A-1351.

 35A-1353. Notice to minors and incompetents under 35A-1351.If any person, to whom notice must be given under the provisions of G.S. 35A-1351(5) of this Article, is a minor or is incompetent, then the notice shall be given to his duly appointed guardian or other duly appointed representative: Provided, that if a minor or incompetent has no such guardian or representative, then a guardian ad litem shall be appointed by the judge and such guardian ad litem shall be given the notice herein required. (1963, c. 113, s. 4; 1987, c. 550, s. 6.)
NC Gen Stat § 35A-1354 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 19 - Declaring Revocable Trust Irrevocable and Making Gift of Incompetent's Life Interest Therein.|§ 35A-1354 - Objections to proposed declaration and gift; fact that incompetent had not previously made similar gifts.

 35A-1354. Objections to proposed declaration and gift; fact that incompetent had not previously made similar gifts.If any objection is filed by one to whom notice has been given under the terms of this Article, the clerk shall bring it to the attention of the judge, who shall hear the same, and determine the validity and materiality of such objection and make his order accordingly. If no such objection is filed, the judge shall include a finding to that effect in such order as he may make. The judge shall not withhold his approval merely because the incompetent, prior to becoming incompetent, had not made gifts to the same donees or other gifts similar in amount or type. (1963, c. 113, s. 5; 1987, c. 550, s. 6.)
NC Gen Stat § 35A-1355 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 19 - Declaring Revocable Trust Irrevocable and Making Gift of Incompetent's Life Interest Therein.|§ 35A-1355 - Validity of declaration and gift.

 35A-1355. Validity of declaration and gift.Such declaration and gift, when made with the approval of the judge and under the provisions of this Article, shall be deemed to be the declaration and gift of the incompetent and shall be as valid in all respects as if made by a competent person. (1963, c. 113, s. 6; 1987, c. 550, s. 6.)
NC Gen Stat § 35A-1360 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 20 - Guardians' Deeds Validated When Seal Omitted.|§ 35A-1360 - Deeds by guardians omitting seal, prior to January 1, 1944, validated.

 35A-1360. Deeds by guardians omitting seal, prior to January 1, 1944, validated.All deeds executed prior to the first day of January, 1944, by any guardian, acting under authority obtained by him from the superior court as required by law, in which the guardian has omitted to affix his seal after his signature and/or has omitted to affix the seal after the signature of his ward shall be good and valid, and shall pass the title to the land which the guardian was authorized to convey: Provided, however, this section shall not apply to any pending litigation. (1947, c. 531; 1987, c. 550, s. 9.)
NC Gen Stat § 35A-1361 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 20 - Guardians' Deeds Validated When Seal Omitted.|§ 35A-1361 - Certain private sales validated.

 35A-1361. Certain private sales validated.All private sales of real and personal property made by a guardian under Article 4 of this Chapter before June 1, 1985, that, under G.S. 1-339.36, should have been conducted as public sales because an upset bid was submitted, are validated to the same extent as if the guardian had complied with the procedures for a public sale. (1985, c. 654, s. 1(2); 1987, c. 550, s. 9).
NC Gen Stat § 35A-1371 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 21 - Standby Guardianship.|§ 35A-1371 - Jurisdiction; limits.

 35A-1371. Jurisdiction; limits.Notwithstanding the provisions of Subchapter II of this Chapter, the clerk of superior court shall have original jurisdiction for the appointment of a standby guardian for a minor child under this Article. Provided that the clerk shall have no jurisdiction, no standby guardian may be appointed under this Article, and no designation may become effective under this Article when a district court has assumed jurisdiction over the minor child in an action under Chapter 50 of the General Statutes or in an abuse, neglect, or dependency proceeding under Subchapter I of Chapter 7B of the General Statutes, or when a court in another state has assumed such jurisdiction under a comparable statute. (1995, c. 313, s. 1; 1998-202, s. 13(g).)
NC Gen Stat § 35A-1372 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 21 - Standby Guardianship.|§ 35A-1372 - Standby guardianship; applicability.

 35A-1372. Standby guardianship; applicability.This Article provides two methods for appointing a standby guardian: by petition pursuant to G.S. 35A-1373 or by designation pursuant to G.S. 35A-1374. If a standby guardian is unwilling or unable to serve as a standby guardian and the designator or petitioner has identified an alternate standby guardian, then the alternate standby guardian shall become the standby guardian, upon the same conditions as set forth in this Article. (1995, c. 313, s. 1.)
NC Gen Stat § 35A-1375 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 21 - Standby Guardianship.|§ 35A-1375 - Determination of incapacity or debilitation.

 35A-1375. Determination of incapacity or debilitation.(a) If requested by the petitioner, designator, or standby guardian, an attending physician shall make a determination regarding the incapacity or debilitation of the petitioner or designator for purposes of this Article.(b) A determination of incapacity or debilitation shall:(1) Be made by the attending physician to a reasonable degree of medical certainty;(2) Be in writing; and(3) Contain the attending physician's opinion regarding the cause and nature of the incapacity or debilitation, as well as its extent and probable duration.(c) The attending physician shall provide a copy of the determination of incapacity or debilitation to the standby guardian, if the standby guardian's identity is known to the physician.(d) The standby guardian shall ensure that the petitioner or designator is informed of the commencement of the standby guardian's authority as a result of a determination of incapacity or debilitation and of the possibility of a future suspension of the standby guardian's authority pursuant to G.S. 35A-1376. (1995, c. 313, s. 1.)
NC Gen Stat § 35A-1376 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 21 - Standby Guardianship.|§ 35A-1376 - Restoration of capacity or ability; suspension of guardianship.

 35A-1376. Restoration of capacity or ability; suspension of guardianship.In the event that the authority of the standby guardian becomes effective upon the receipt of a determination of incapacity or debilitation and the petitioner or designator is subsequently restored to capacity or ability to care for the child, the authority of the standby guardian based on that incapacity or debilitation shall be suspended. The attending physician shall provide a copy of the determination of restored capacity or ability to the standby guardian, if the identity of the standby guardian is known to the attending physician. If an order appointing the standby guardian as guardian of the person or general guardian of the minor child or incompetent adult has been entered, the standby guardian shall, and the petitioner or designator may, file a copy of the determination of restored capacity or ability in the office of the clerk who entered the order. A determination of restored capacity or ability shall:(1) Be made by the attending physician to a reasonable degree of medical certainty;(2) Be in writing; and(3) Contain the attending physician's opinion regarding the cause and nature of the parent's or legal guardian's restoration to capacity or ability.Any order appointing the standby guardian as guardian of the person or general guardian of the minor child or incompetent adult shall remain in full force and effect, and the authority of the standby guardian shall recommence upon the standby guardian's receipt of a subsequent determination of the petitioner's or designator's incapacity, pursuant to G.S. 35A-1373(j), or upon the standby guardian's receipt of a subsequent determination of debilitation pursuant to G.S. 35A-1373(k), or upon the receipt of proof of death of the petitioner or designator, or upon the written consent of the petitioner or designator, pursuant to G.S. 35A-1373(l).  (1995, c. 313, s. 1; 2015-205, s. 1.)
NC Gen Stat § 35A-1377 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 21 - Standby Guardianship.|§ 35A-1377 - Authority concurrent to parental rights.

 35A-1377. Authority concurrent to parental rights.The commencement of the standby guardian's authority pursuant to a determination of incapacity, determination of debilitation, or written consent shall not itself divest the petitioner or designator of any parental or guardianship rights, but shall confer upon the standby guardian concurrent authority with respect to the minor child. (1995, c. 313, s. 1.)
NC Gen Stat § 35A-1378 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 21 - Standby Guardianship.|§ 35A-1378 - Powers and duties.

 35A-1378. Powers and duties.A standby guardian designated pursuant to G.S. 35A-1374 and a guardian of the person or general guardian appointed pursuant to this Article have all of the powers, authority, duties, and responsibilities of a guardian appointed pursuant to Subchapter II of this Chapter. (1995, c. 313, s. 1.)
NC Gen Stat § 35A-1379 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 21 - Standby Guardianship.|§ 35A-1379 - Appointment of guardian ad litem.

 35A-1379. Appointment of guardian ad litem.(a) The clerk may appoint a volunteer guardian ad litem, if available, to represent the best interests of the minor child or incompetent adult and, where appropriate, express the wishes of the minor child or incompetent adult.(b) The duties of the guardian ad litem, when appointed, shall be to make an investigation to determine the facts, the needs of the minor child or incompetent adult and the available resources within the family to meet those needs, and to protect and promote the best interests of the minor child or incompetent adult until formally relieved of the responsibility by the clerk.(c) The court may order the guardian ad litem to conduct an investigation to determine the fitness of the intended standby guardian and alternate standby guardian, if any, to perform the duties of standby guardian.  (1995, c. 313, s. 1; 2015-205, s. 1.)
NC Gen Stat § 35A-1380 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 21 - Standby Guardianship.|§ 35A-1380 - Bond.

 35A-1380. Bond.The bond requirements of Article 7 of this Chapter shall apply to a guardian of the person or general guardian appointed pursuant to G.S. 35A-1373 or G.S. 35A-1374, provided that: (i) the clerk need not require a bond if the bond requirement is waived in writing by the petitioner or designator; and (ii) a general guardian appointed pursuant to G.S. 35A-1373 shall not be required to furnish a bond until a triggering event has occurred. (1995, c. 313, s. 1.)
NC Gen Stat § 35A-1381 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 21 - Standby Guardianship.|§ 35A-1381 - Accounting.

 35A-1381. Accounting.The accounting requirements of Article 10 of this Chapter apply to a general guardian appointed pursuant to this Article. (1995, c. 313, s. 1.)
NC Gen Stat § 35A-1382 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 21 - Standby Guardianship.|§ 35A-1382 - Termination.

 35A-1382. Termination.(a) Any standby guardianship created under this Article shall continue until:(1) If the ward is a minor child, the child reaches 18 years of age unless sooner terminated by order of the clerk who entered the order appointing the standby guardian.(2) Revocation pursuant to this Article.(3) Renunciation pursuant to this Article.(b) A standby guardianship shall terminate, and the authority of the standby guardian designated pursuant to G.S. 35A-1374 or of a guardian of the person or general guardian appointed pursuant to this Article shall cease, upon the entry of an order of the district court granting custody of the minor child to any other person.  (1995, c. 313, s. 1; 2015-205, s. 1.)
NC Gen Stat § 35B-1 (2021)
2021 North Carolina General Statutes|Chapter 35B - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|Article 1 - General Provisions.|§ 35B-1 - Short title and legislative purpose.

 35B-1. 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 involved. In order to clarify these jurisdictional concerns and provide the best possible support and protection for incapacitated adults, the Uniform Laws Commission developed the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA) for consideration by the states. The majority of states have adopted UAGPPJA, and North Carolina's guardianship system would be enhanced by adopting a version of UAGPPJA.(c) The purpose of this legislation is to provide clear direction to the courts, attorneys, guardians, and individuals about the proper jurisdiction for guardianship proceedings. This Chapter is limited in scope to jurisdiction. The established system in North Carolina for determining incompetency, appointing guardians, and managing estates as governed by Chapter 35A of the North Carolina General Statutes is not affected by this new Chapter.(d) The public policy goals are as follows:(1) To ensure that jurisdiction is located in one and only one state; except when an emergency exists or where the individual owns property in multiple states;(2) To establish procedures for transferring guardianship from one state to another state when the incapacitated adult moves; and(3) To provide a uniform national system for registration and enforcement of out-of-state guardianship orders.  (2016-72, s. 1.)
NC Gen Stat § 35B-3 (2021)
2021 North Carolina General Statutes|Chapter 35B - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|Article 1 - General Provisions.|§ 35B-3 - Proceedings governed by other law.

 35B-3. 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.(3) Domestic violence and civil no-contact proceedings under Chapters 50B and 50C of the General Statutes.  (2016-72, s. 1.)
NC Gen Stat § 35B-4 (2021)
2021 North Carolina General Statutes|Chapter 35B - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|Article 1 - General Provisions.|§ 35B-4 - International application.

 35B-4. 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.)
NC Gen Stat § 35B-5 (2021)
2021 North Carolina General Statutes|Chapter 35B - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|Article 1 - General Provisions.|§ 35B-5 - Communication between courts.

 35B-5. 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 the communication. The record may be limited to the fact that the communication occurred.(b) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.  (2016-72, s. 1.)
NC Gen Stat § 35B-6 (2021)
2021 North Carolina General Statutes|Chapter 35B - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|Article 1 - General Provisions.|§ 35B-6 - Cooperation between courts.

 35B-6. 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 to procedures of that state.(3) Order that an evaluation or assessment be made of the respondent.(4) Order any appropriate investigation of a person involved in a proceeding.(5) Forward to the court of this State a certified copy of the transcript or other record of a hearing under subdivision (1) of this section or any other proceeding, any evidence otherwise produced under subdivision (2) of this section, and any evaluation or assessment prepared in compliance with an order under subdivision (3) or (4) of this section.(6) Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person.(7) Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R. 160.103, as from time to time amended.(b) If a court of another state in which an incompetency, guardianship, or protective proceeding is pending requests assistance of the kind provided in subsection (a) of this section, a court of this State has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.  (2016-72, s. 1.)
NC Gen Stat § 35B-7 (2021)
2021 North Carolina General Statutes|Chapter 35B - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|Article 1 - General Provisions.|§ 35B-7 - Taking testimony in another state.

 35B-7. 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 court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.(b) In an incompetency, guardianship, or protective proceeding, a court in this State may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this State shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.(c) Documentary evidence transmitted from another state to a court of this State by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule.  (2016-72, s. 1.)
NC Gen Stat § 35B-15 (2021)
2021 North Carolina General Statutes|Chapter 35B - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|Article 2 - Jurisdiction.|§ 35B-15 - Definitions.

 35B-15. 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 on the respondent's behalf.(2) Home state. - The state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for the adjudication of incompetence; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition for the adjudication of incompetence.(3) Significant-connection state. - A state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.(b) In determining under G.S. 35B-17 and G.S. 35B-30(e) whether a respondent has a significant connection with a particular state, the court shall consider:(1) The location of the respondent's family and other persons required to be notified of the incompetency, guardianship, or protective proceeding.(2) The length of time the respondent at any time was physically present in the state and the duration of any absence.(3) The location of the respondent's property.(4) The extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, drivers license, social relationship, and receipt of services.  (2016-72, s. 1.)
NC Gen Stat § 35B-16 (2021)
2021 North Carolina General Statutes|Chapter 35B - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|Article 2 - Jurisdiction.|§ 35B-16 - Exclusive jurisdictional basis.

 35B-16. 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.)