reglab/housing_qa huggingface dataset:
NC Gen Stat § 35A-1222 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 6 - Appointment of Guardian for a Minor.|§ 35A-1222 - Service of application and notices.

 35A-1222. Service of application and notices.A copy of the application and written notice of the time, date, and place set for a hearing shall be served on each parent, guardian, and legal custodian of the minor who is not an applicant, and on any other person the clerk may direct, including the minor. Service shall be provided by G.S. 1A-1, Rule 4, Rules of Civil Procedure, unless the clerk directs otherwise. When service is made by the sheriff, the sheriff shall make such service without demanding his fees in advance. Parties may waive their right to notice of the hearing and the clerk may proceed to consider the application upon determining that all necessary parties are before the court and agree to have the application considered. (1987, c. 550, s. 1; 1989, c. 473, s. 19.)
NC Gen Stat § 35A-1223 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 6 - Appointment of Guardian for a Minor.|§ 35A-1223 - Hearing before clerk on appointment of guardian.

 35A-1223. Hearing before clerk on appointment of guardian.The clerk shall receive evidence necessary to determine whether a guardian of the person, a guardian of the estate, or a general guardian is required. If the court determines that a guardian or guardians are required, the court shall receive evidence necessary to determine the minor's assets, liabilities, and needs, and who the guardian or guardians shall be. The hearing may be informal and the clerk may consider whatever testimony, written reports, affidavits, documents, or other evidence the clerk finds necessary to determine the minor's best interest. (1987, c. 550, s. 1.)
NC Gen Stat § 35A-1224 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 6 - Appointment of Guardian for a Minor.|§ 35A-1224 - Criteria for appointment of guardians.

 35A-1224. Criteria for appointment of guardians.(a) The clerk may appoint a guardian of the estate for any minor. The clerk may appoint a guardian of the person or a general guardian only for a minor who has no natural guardian.(b) The clerk may appoint as guardian of the person or general guardian only an adult individual whether or not that individual is a resident of the State of North Carolina.(c) The clerk may appoint as guardian of the estate an adult individual whether or not that individual is a resident of the State of North Carolina or a corporation that is authorized by its charter to serve as a guardian or in similar fiduciary capacities.(d) If the minor's parent or parents have made a testamentary recommendation pursuant to G.S. 35A-1225 for the appointment of a guardian, the clerk shall give substantial weight to such recommendation; provided, such recommendation may not affect the rights of a surviving parent who has not willfully abandoned the minor, and the clerk shall in every instance base the appointment of a guardian or guardians on the minor's best interest.(e) Notwithstanding any other provision of this section, an employee of a treatment facility, as defined in G.S. 35A-1101(16), may not serve as guardian for a ward who is an inpatient in or resident of the facility in which the employee works; provided, this subsection shall not apply to or affect the validity of any appointment of a guardian that occurred before October 1, 1987. (1987, c. 550, s. 1; 1989, c. 473, s. 1.)
NC Gen Stat § 35A-1225 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 6 - Appointment of Guardian for a Minor.|§ 35A-1225 - Testamentary recommendation; guardian for incompetent minor.

 35A-1225. Testamentary recommendation; guardian for incompetent minor.(a) Parents are presumed to know the best interest of their children. Any parent may by last will and testament recommend a guardian for any of his or her minor children, whether born at the parent's death or en ventre sa mere, for such time as the child remains under 18 years of age, unmarried, and unemancipated, or for any less time. Such will may be made without regard to whether the testator is an adult or a minor. If both parents make such recommendations, the will with the latest date shall, in the absence of other relevant factors, prevail. In the absence of a surviving parent, 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 minor'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 minor would be best served by requiring the guardian to give bond.(b) Any person authorized by law to recommend a guardian for a minor by his last will and testament or other writing may direct that the guardian appointed for his incompetent child shall petition the clerk during the six months before the child reaches majority for an adjudication of incompetence and appointment of a guardian under the provisions of this Chapter. If so directed, the guardian shall timely file such a petition unless the minor is no longer incompetent. Notwithstanding the absence of such provision in a will or other writing, the guardian of an incompetent child, or any other person, may file such petition during the six months before the minor reaches majority or thereafter. (1987, c. 550, s. 1.)
NC Gen Stat § 35A-1226 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 6 - Appointment of Guardian for a Minor.|§ 35A-1226 - Clerk's order; issuance of letters of appointment.

 35A-1226. Clerk's order; issuance of letters of appointment.After considering the evidence, the clerk shall enter an appropriate order. If the clerk determines that a guardian or guardians should be appointed, the order may set forth:(1) Findings as to the minor's circumstances, assets, and liabilities as they relate to his need for a guardian or guardians; and(2) Whether there shall be one or more guardians, his or their identity, and if more than one, who shall be guardian of the person and who shall be guardian of the estate. The clerk shall issue the guardian or guardians letters of appointment as provided in G.S. 35A-1206. (1987, c. 550, s. 1.)
NC Gen Stat § 35A-1227 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 6 - Appointment of Guardian for a Minor.|§ 35A-1227 - Funds owed to minors.

 35A-1227. Funds owed to minors.(a) Certain insurance proceeds or other funds to which a minor is entitled may be paid to and administered by the public guardian or the clerk as provided in G.S. 7A-111.(b) A devise of personal property to a minor may be distributed to the minor's parent or guardian with the approval of the clerk as provided in G.S. 28A-22-7.(c) A personal representative or collector who holds property due a minor without a guardian may deliver the property to the clerk as provided in G.S. 28A-23-2.(d) Inter vivos or testamentary transfers to minors may be made and administered according to the North Carolina Uniform Transfers to Minors Act, Chapter 33A of the General Statutes.  (1987, c. 550, s. 1; 1989, c. 473, s. 23; 2011-284, s. 37.)
NC Gen Stat § 35A-1228 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 6 - Appointment of Guardian for a Minor.|§ 35A-1228 - Guardians of children of servicemen; allotments and allowances.

 35A-1228. Guardians of children of servicemen; allotments and allowances.In all cases where a person serving in the Armed Forces of the United States has made an allotment or allowance to a resident of this State who is his child or other minor dependent as provided by the Wartime Allowances to Service Men's Dependents Act or any other act of Congress, the clerk in the county of the minor's residence may act as temporary guardian, or appoint some suitable person to act as temporary guardian, of the person's minor dependent for purposes of receiving and disbursing allotments and allowance funds for the benefit of the minor dependent, when:(1) The other parent of the child or other minor dependent, or other person designated in the allowance or allotment to receive and disburse such moneys for the benefit of the minor dependent, dies or becomes mentally incompetent; and(2) The person serving in the Armed Forces of the United States is reported as missing in action or as a prisoner of war and is unable to designate another person to receive and disburse the allotment or allowance to the minor dependent.  (1987, c. 550, s. 1; 2011-183, s. 28.)
NC Gen Stat § 35A-1230 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 7 - Guardian's Bond.|§ 35A-1230 - Bond required before receiving property.

 35A-1230. Bond required before receiving property.Except as otherwise provided by G.S. 35A-1212.1 and G.S. 35A-1225(a), no general guardian or guardian of the estate shall be permitted to receive the ward's property until he has given sufficient surety, approved by the clerk, to account for and apply the same under the direction of the court, provided that if the guardian is a nonresident of this State and the value of the property received exceeds one thousand dollars ($1,000) the surety shall be a bond under G.S. 35A-1231(a) executed by a duly authorized surety company, or secured by cash in an amount equal to the amount of the bond or by a mortgage executed under Chapter 109 of the General Statutes on real estate located in the county, the value of which, excluding all prior liens and encumbrances, shall be at least one and one-fourth times the amount of the bond; and further provided that the nonresident shall appoint a resident agent to accept service of process in all actions and proceedings with respect to the guardianship. The clerk shall not require a guardian of the person who is a resident of North Carolina to post a bond; the clerk may require a nonresident guardian of the person to post a bond or other security for the faithful performance of the guardian's duties. (1987, c. 550, s. 1; 1989, c. 473, s. 2; 2005-333, s. 3.)
NC Gen Stat § 35A-1231 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 7 - Guardian's Bond.|§ 35A-1231 - Terms and conditions of bond; increase on sale of realty or personal property.

 35A-1231. Terms and conditions of bond; increase on sale of realty or personal property.(a) Before issuing letters of appointment to a general guardian or guardian of the estate the clerk shall require the guardian to give a bond payable to the State. The clerk shall determine the value of all the ward's personal property and the rents and profits of the ward's real estate by examining, under oath, the applicant for guardianship or any other person or persons. The penalty in the bond shall be set as follows:(1) Where the bond is executed by personal sureties, the penalty must be at least double the value so determined by the clerk;(2) Where the bond is executed by a duly authorized surety company, the penalty may be fixed at not less than one and one-fourth times the value so determined by the clerk;(3) Provided, however, the clerk may accept bond in estates where the value determined by the clerk exceeds the sum of one hundred thousand dollars ($100,000), in a sum equal to one hundred and ten percent (110%) of the determined value.The bond must be secured with two or more sufficient sureties, jointly and severally bound, and must be acknowledged before and approved by the clerk. The bond must be conditioned on the guardian's faithfully executing the trust reposed in him as such and obeying all lawful orders of the clerk or judge relating to the guardianship of the estate committed to him. The bond must be recorded in the office of the clerk appointing the guardian, except, if the guardianship is transferred to a different county, it must be recorded in the office of the clerk in the county where the guardianship is docketed.  (b) If the court orders a sale of the ward's real property, or if the guardian expects or offers to sell personal property that he knows or has reason to know has a value greater than the value used in determining the amount of the bond posted, the guardian shall, before receiving the proceeds of the sale, furnish bond or increase his existing bond to cover the proceeds if real estate is sold, or to cover the increased value if personal property is sold. The bond, or the increase in the existing bond, shall be twice the amount of the proceeds of any real property sold, or of the increased value of any personal property sold, except where the bond is executed by a duly authorized surety company, in which case the penalty of the bond need not exceed one and one-fourth times the amount of the real property sold or the increased value of the personal property sold. (1987, c. 550, s. 1; 1989, c. 473, s. 9.)
NC Gen Stat § 35A-1232 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 7 - Guardian's Bond.|§ 35A-1232 - Exclusion of deposited money in computing amount of bond.

 35A-1232. Exclusion of deposited money in computing amount of bond.(a) When it appears that the ward's estate includes money that has been or will be deposited in an account with a financial institution upon condition that the money will not be withdrawn except on authorization of the court, the court may, in its discretion, order that the money be so deposited or invested and exclude such deposited money from the computation of the amount of the bond or reduce the amount of the bond in respect of such money to such an amount as it may deem reasonable.(b) The applicant for letters of guardianship, or a general guardian or guardian of the estate, may deliver to any such financial institution any such money in the applicant's or the guardian's possession or may allow such financial institution to retain any such money already deposited or invested with it; in either event, the applicant or guardian shall secure and file with the court a written receipt including the agreement of the financial institution, duly acknowledged by an authorized officer of the financial institution, that the money shall not be allowed to be withdrawn except on authorization of the court. In so receiving and retaining such money from an applicant for letters of guardianship, the financial institution shall be protected to the same extent as though it had received the same from a general guardian or a guardian of the estate.(c) The term "account with a financial institution" as used in this section means any account in a bank, savings and loan association, credit union, trust company, or registered securities broker or dealer.(d) The term "money" as used in this section means the principal of the ward's estate and does not include the income earned by the principal, which may be withdrawn without any authorization of the court.  (1987, c. 550, s. 1; 2009-309, s. 1.)
NC Gen Stat § 35A-1233 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 7 - Guardian's Bond.|§ 35A-1233 - Clerk's authority to reduce penalty of bond.

 35A-1233. Clerk's authority to reduce penalty of bond.When a guardian has disbursed either income or income and principal of the estate according to law, for the purchase of real estate or the support and maintenance of the ward or the ward and his dependents or any lawful cause, and when the personal assets and income of the estate from all sources in the hands of the guardian have been diminished, the penalty of the guardian's bond may be reduced in the discretion of the clerk to an amount not less than the amount that would be required if the guardian were first qualifying to administer the personal assets and income. (1987, c. 550, s. 1.)
NC Gen Stat § 35A-1234 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 7 - Guardian's Bond.|§ 35A-1234 - Action on bond.

 35A-1234. Action on bond.Any person injured by a breach of the condition of the guardian's bond may prosecute a suit thereon, as in other actions. (1987, c. 550, s. 1.)
NC Gen Stat § 35A-1235 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 7 - Guardian's Bond.|§ 35A-1235 - One bond sufficient when several wards have estate in common.

 35A-1235. One bond sufficient when several wards have estate in common.When the same person is appointed guardian for two or more minors or incompetent persons possessed of one estate in common, the clerk may take one bond only in such case, upon which each of the wards or their heirs or personal representatives may have a separate action. (1987, c. 550, s. 1.)
NC Gen Stat § 35A-1236 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 7 - Guardian's Bond.|§ 35A-1236 - Renewal of bond.

 35A-1236. Renewal of bond.Every guardian who is required to post a bond and who does so other than through a duly authorized surety company shall renew his bond before the clerk every three years during the continuance of the guardianship. The clerk shall issue a citation against every such guardian failing to renew his bond, requiring the guardian to renew the bond within 20 days after service of the citation. On return of the citation duly served and failure of the guardian to comply, the clerk shall remove the guardian and appoint a successor. This section shall not apply to a guardian whose bond is executed by a duly authorized surety company. (1987, c. 550, s. 1.)
NC Gen Stat § 35A-1237 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 7 - Guardian's Bond.|§ 35A-1237 - Relief of endangered sureties.

 35A-1237. Relief of endangered sureties.Any surety of a guardian, who is in danger of sustaining loss by his suretyship, may file a motion in the cause before the clerk where the guardianship is docketed, setting forth the circumstances of his case and demanding relief. The guardian shall have 10 days after service of the motion to answer the motion. If, upon the hearing, the clerk deems the surety entitled to relief, the clerk may order the guardian to give a new bond or to indemnify the surety against apprehended loss, or may remove the guardian from his trust. If the guardian fails to give a new bond or security to indemnify within a reasonable time when required to do so, the clerk must enter a peremptory order for his removal, and his authority as guardian shall cease. (1987, c. 550, s. 1; 1989, c. 473, s. 20.)
NC Gen Stat § 35A-1238 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 7 - Guardian's Bond.|§ 35A-1238 - Clerk's liability.

 35A-1238. Clerk's liability.(a) If any clerk commits the estate of a ward to the guardianship of any person without taking good and sufficient bond for the same as required by law, the clerk shall be liable on his official bond, at the suit of the aggrieved party, for all loss and damages sustained for want of sufficient bond being taken; but if the sureties were good at the time of their being accepted, the clerk shall not be liable.(b) If any clerk willfully or negligently does, or omits to do, any other act prohibited, or other duty imposed on him by law, by which act or omission the estate of any ward suffers damage, the clerk shall be liable on his official bond, at the suit of the aggrieved party, for all loss and damages sustained from such act or omission. (1987, c. 550, s. 1.)
NC Gen Stat § 35A-1239 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 7 - Guardian's Bond.|§ 35A-1239 - Health and Human Services bond.

 35A-1239. Health and Human Services bond.The Secretary of the Department of Health and Human Services shall require or purchase individual or blanket bonds for all disinterested public agents appointed to be guardians, whether they serve as guardians of the estate, guardians of the person, or general guardians, or one blanket bond covering all agents, the bond or bonds to be conditioned upon faithful performance of their duties as guardians and made payable to the State. The premiums shall be paid by the State. (1987, c. 550, s. 1; 1997-443, s. 11A.17.)
NC Gen Stat § 35A-1240 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 8 - Powers and Duties of Guardian of the Person.|§ 35A-1240 - Applicability of Article.

 35A-1240. Applicability of Article.This Article applies only to guardians of the person, including general guardians exercising authority as guardian of the person. (1987, c. 550, s. 1.)
NC Gen Stat § 35A-1243 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 8 - Powers and Duties of Guardian of the Person.|§ 35A-1243 - Duties of designated agency.

 35A-1243. Duties of designated agency.(a) Within 30 days after it receives a status report, the designated agency shall certify to the clerk that it has reviewed the report and shall mail a copy of its certification to the guardian.(b) At the same time, the designated agency may:(1) Send its written comments on the report to the clerk, the guardian, or any other person who may have an interest in the ward's welfare;(2) Notify the guardian that it is able to help the guardian in the performance of his duties;(3) Petition the clerk for an order requiring the guardian to perform the duties imposed on him by the clerk or this Article if it appears that the guardian is not performing those duties;(4) Petition the clerk for an order modifying the terms of the guardianship or the guardianship program or plan if it appears that such should be modified;(5) Petition the clerk for an order removing the guardian from his duties and appointing a successor guardian if it appears that the guardian should be removed for cause;(6) Petition the clerk for an adjudication of restoration to competency; or(7) Petition the clerk for any other appropriate orders.(c) If the designated agency files such a petition, it shall cause the petition to be signed and acknowledged by the officer, official, employee, or agent who has personal knowledge of the facts set forth in the petition, and it shall set forth all facts known to it that tend to support the relief sought by the petition.(d) The clerk shall take appropriate action upon the petition in accordance with other provisions or requirements of this Chapter. (1987, c. 550, s. 1.)