reglab/housing_qa huggingface dataset:
NC Gen Stat § 32C-4-403 (2021)
2021 North Carolina General Statutes|Chapter 32C - North Carolina Uniform Power of Attorney Act|Article 4 - Miscellaneous Provisions.|§ 32C-4-403 - Effect on existing powers of attorney.

 32C-4-403. Effect on existing powers of attorney.(a) Except as otherwise provided in this Chapter, the following apply on January 1, 2018.(1) This Chapter applies to a power of attorney created before, on, or after January 1, 2018, unless there is clear indication of a contrary intent in the terms of a power of attorney or unless application of a particular provision of this Chapter would substantially impair rights of a party.(2) This Chapter applies to a judicial proceeding concerning a power of attorney commenced on or after January 1, 2018.(3) This Chapter applies to a judicial proceeding concerning a power of attorney commenced before January 1, 2018, unless the court finds that application of a provision of this Chapter would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that the particular provision of this Chapter does not apply and the superseded law applies.(4) A rule of construction or presumption provided by this Chapter, including the rule of G.S. 32C-1-104 regarding durability of a power of attorney, applies to powers of attorney executed before January 1, 2018, unless there is a clear indication of a contrary intent in the terms of a power of attorney or unless the application of the rule of construction or presumption would substantially impair rights of a party created under North Carolina law in effect prior to January 1, 2018, in which case the rule of construction or presumption does not apply and the superseded rule of construction or presumption applies.(b) If a right is acquired, extinguished, or banned upon the expiration of a prescribed period that commenced under law of this State other than this Chapter before January 1, 2018, that statute continues to apply to the right even if it has been repealed or superseded.(c) References to prior statutes in powers of attorney, whether executed on or after the adoption of this Chapter shall be deemed to refer to the corresponding provisions this Chapter unless application of the rule of construction would substantially impair substantial rights of a party.(d) Notwithstanding the provisions of this Chapter, the powers conferred by former G.S. 32A-2 shall apply to a Statutory Short Form Power of Attorney that was created in accordance with former G.S. 32A-1 prior to January 1, 2018.  (2017-153, s. 1; 2018-142, s. 33.)
NC Gen Stat § 35-14 through 35-18 (2021)
2021 North Carolina General Statutes|Chapter 35 - Sterilization Procedures|Article 4 - Mortgage or Sale of Estates Held by the Entireties.|§ 35-14 through 35-18 - through 35-18: Recodified as §§ 35A-1310 to 35A-1314 by Session Laws 1987, c. 550, s. 2.

 35-14 through 35-18: Recodified as 35A-1310 to 35A-1314 by Session Laws 1987, c. 550, s. 2.
NC Gen Stat § 35-19 through 35-29 (2021)
2021 North Carolina General Statutes|Chapter 35 - Sterilization Procedures|Article 5 - Surplus Income and Advancements.|§ 35-19 through 35-29 - through 35-29: Recodified as §§ 35A-1320 through 35A-1330 by Session Laws 1987, c. 550, s. 3.

 35-19 through 35-29: Recodified as 35A-1320 through 35A-1330 by Session Laws 1987, c. 550, s. 3.
NC Gen Stat § 35-29.1 through 35-29.4 (2021)
2021 North Carolina General Statutes|Chapter 35 - Sterilization Procedures|Article 5A - Gifts from Income for Certain Purposes.|§ 35-29.1 through 35-29.4 - through 35-29.4: Recodified as §§ 35A-1335 through 35A-1338 by Session Laws 1987, c. 550, s. 4.

 35-29.1 through 35-29.4: Recodified as 35A-1335 through 35A-1338 by Session Laws 1987, c. 550, s. 4.
NC Gen Stat § 35-29.5 through 35-29.10 (2021)
2021 North Carolina General Statutes|Chapter 35 - Sterilization Procedures|Article 5B - Gifts from Principal for Certain Purposes.|§ 35-29.5 through 35-29.10 - through 35-29.10: Recodified as §§ 35A-1340 through 35A-1345 by Session Laws 1987, c. 550, s. 5.

 35-29.5 through 35-29.10: Recodified as 35A-1340 through 35A-1345 by Session Laws 1987, c. 550, s. 5.
NC Gen Stat § 35-29.11 through 35-29.16 (2021)
2021 North Carolina General Statutes|Chapter 35 - Sterilization Procedures|Article 5C - Declaring Revocable Trust Irrevocable and Making Gift of Incompetent's Life Interest Therein.|§ 35-29.11 through 35-29.16 - through 35-29.16: Recodified as §§ 35A-1350 through 35A-1355 by Session Laws 1987, c. 550, s. 6.

 35-29.11 through 35-29.16: Recodified as 35A-1350 through 35A-1355 by Session Laws 1987, c. 550, s. 6.
NC Gen Stat § 35-61 through 35-63 (2021)
2021 North Carolina General Statutes|Chapter 35 - Sterilization Procedures|Article 9 - Mental Health Council.|§ 35-61 through 35-63 - through 35-Transferred to G.S. 122-105 to 122-107 by Session Laws 1963, c. 1184, s. 13.

 35-61 through 35-63: Transferred to G.S. 122-105 to 122-107 by Session Laws 1963, c. 1184, s. 13.
NC Gen Stat § 35-64 through 35-69 (2021)
2021 North Carolina General Statutes|Chapter 35 - Sterilization Procedures|Article 10 - Interstate Compact on Mental Health.|§ 35-64 through 35-69 - through 35-Transferred to G.S. 122-99 to 122-104 by Session Laws 1963, c. 1184, s. 12.

 35-64 through 35-69: Transferred to G.S. 122-99 to 122-104 by Session Laws 1963, c. 1184, s. 12.
NC Gen Stat § 35A-1102 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 1 - Determination of Incompetence.|§ 35A-1102 - Scope of law; exclusive procedure.

 35A-1102. Scope of law; exclusive procedure.This Article establishes the exclusive procedure for adjudicating a person to be an incompetent adult or an incompetent child. However, nothing in this Article shall interfere with the authority of a judge to appoint a guardian ad litem for a party to litigation under Rule 17(b) of the North Carolina Rules of Civil Procedure. (1987, c. 550, s. 1; 2003-236, s. 4.)
NC Gen Stat § 35A-1103 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 1 - Determination of Incompetence.|§ 35A-1103 - Jurisdiction; venue.

 35A-1103. Jurisdiction; venue.(a) The clerk in each county shall have original jurisdiction over proceedings under this Subchapter, subject to the rules set forth in Article 2 of Chapter 35B of the General Statutes.(b) Venue for proceedings under this Subchapter shall be in the county in which the respondent resides or is domiciled or is an inpatient in a treatment facility. If the county of residence or domicile cannot be determined, venue shall be in the county where the respondent is present.(c) If proceedings involving the same respondent are brought under this Subchapter in more than one county in which venue is proper, venue shall be in the county in which proceedings were commenced first.(d) If the clerk in the county in which a proceeding under this Subchapter is brought has an interest, direct or indirect, in the proceeding, jurisdiction with respect thereto shall be vested in any superior court judge residing or presiding in the district, and the jurisdiction of the superior court judge shall extend to all things which the clerk might have done.  (1987, c. 550, s. 1; 2019-113, s. 2.)
NC Gen Stat § 35A-1104 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 1 - Determination of Incompetence.|§ 35A-1104 - Change of venue.

 35A-1104. Change of venue.The clerk, on motion of a party or the clerk's own motion, may order a change of venue upon finding that no hardship or prejudice to the respondent will result from a change of venue. (1987, c. 550, s. 1.)
NC Gen Stat § 35A-1105 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 1 - Determination of Incompetence.|§ 35A-1105 - Petition before clerk.

 35A-1105. Petition before clerk.A verified petition for the adjudication of incompetence of an adult, or of a minor who is within six months of reaching majority, may be filed with the clerk by any person, including any State or local human services agency or healthcare provider through its authorized representative without the need for legal counsel.  (1987, c. 550, s. 1; 1989, c. 473, s. 22; 1997-443, s. 11A.12; 2018-33, s. 45(a).)
NC Gen Stat § 35A-1106 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 1 - Determination of Incompetence.|§ 35A-1106 - Contents of petition.

 35A-1106. Contents of petition.The petition shall set forth, to the extent known:(1) The name, age, address, and county of residence of the respondent;(2) The name, address, and county of residence of the petitioner, and his interest in the proceeding;(3) A general statement of the respondent's assets and liabilities with an estimate of the value of any property, including any compensation, insurance, pension, or allowance to which he is entitled;(4) A statement of the facts tending to show that the respondent is incompetent and the reason or reasons why the adjudication of incompetence is sought;(5) 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;(6) Facts regarding the adjudication of respondent's incompetence by a court of another state, if an adjudication is sought on that basis pursuant to G.S. 35A-1113(1). (1987, c. 550, s. 1.)
NC Gen Stat § 35A-1107 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 1 - Determination of Incompetence.|§ 35A-1107 - Right to counsel or guardian ad litem.

 35A-1107. Right to counsel or guardian ad litem.(a) The respondent is entitled to be represented by counsel of his own choice or by an appointed guardian ad litem. Upon filing of the petition, an attorney shall be appointed as guardian ad litem to represent the respondent unless the respondent retains his own counsel, in which event the guardian ad litem may be discharged. Appointment and discharge of an appointed guardian ad litem shall be in accordance with rules adopted by the Office of Indigent Defense Services.(b) An attorney appointed as a guardian ad litem under this section shall represent the respondent until the petition is dismissed or until a guardian is appointed under Subchapter II of this Chapter. After being appointed, the guardian ad litem shall personally visit the respondent as soon as possible and shall make every reasonable effort to determine the respondent's wishes regarding the incompetency proceeding and any proposed guardianship. The guardian ad litem shall present to the clerk the respondent's express wishes at all relevant stages of the proceedings. The guardian ad litem also may make recommendations to the clerk concerning the respondent's best interests if those interests differ from the respondent's express wishes. In appropriate cases, the guardian ad litem shall consider the possibility of a limited guardianship and shall make recommendations to the clerk concerning the rights, powers, and privileges that the respondent should retain under a limited guardianship. (1987, c. 550, s. 1; 2000-144, s. 33; 2003-236, s. 3.)
NC Gen Stat § 35A-1108 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 1 - Determination of Incompetence.|§ 35A-1108 - Issuance of notice.

 35A-1108. Issuance of notice.(a) Within five days after filing of the petition, the clerk shall issue a written notice of the date, time, and place for a hearing on the petition, which shall be held not less than 10 days nor more than 30 days after service of the notice and petition on the respondent, unless the clerk extends the time for good cause, for preparation of a multidisciplinary evaluation as provided in G.S. 35A-1111, or for the completion of a mediation.(b) If a multidisciplinary evaluation or mediation is ordered after a notice of hearing has been issued, the clerk may extend the time for hearing and issue a notice to the parties that the hearing has been continued, the reason therefor, and the date, time, and place of the new hearing, which shall not be less than 10 days nor more than 30 days after service of such notice on the respondent.(c) Subsequent notices to the parties shall be served as provided by G.S. 1A-1, Rule 5, Rules of Civil Procedure, unless the clerk orders otherwise. (1987, c. 550, s. 1; 2005-67, s. 2.)
NC Gen Stat § 35A-1109 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 1 - Determination of Incompetence.|§ 35A-1109 - Service of notice and petition.

 35A-1109. Service of notice and petition.(a) Copies of the petition and initial notice of hearing shall be personally served on the respondent. Respondent's counsel or guardian ad litem shall be served pursuant to G.S. 1A-1, Rule 4, Rules of Civil Procedure. A sheriff who serves the notice and petition shall do so without demanding his fees in advance. The petitioner, within five days after filing the petition, shall mail or cause to be mailed, by first-class mail, copies of the notice and petition to the respondent's next of kin alleged in the petition and any other persons the clerk may designate, unless such person has accepted notice. Proof of such mailing or acceptance shall be by affidavit or certificate of acceptance of notice filed with the clerk. The clerk shall mail, by first-class mail, copies of subsequent notices to the next of kin alleged in the petition and to such other persons as the clerk deems appropriate.(b) Expired August 1, 2020, pursuant to Session Laws 2020-3, s. 4.11(b). (1987, c. 550, s. 1; 1989, c. 473, s. 18; 2020-3, s. 4.11(a).)
NC Gen Stat § 35A-1110 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 1 - Determination of Incompetence.|§ 35A-1110 - Right to jury.

 35A-1110. Right to jury.The respondent 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. The jury shall be composed of 12 persons chosen from the county's jury list in accordance with the provisions of Chapter 9 of the General Statutes. (1987, c. 550, s. 1.)
NC Gen Stat § 35A-1111 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 1 - Determination of Incompetence.|§ 35A-1111 - Multidisciplinary evaluation.

 35A-1111. Multidisciplinary evaluation.(a) To assist in determining the nature and extent of a respondent's disability, or to assist in developing an appropriate guardianship plan and program, the clerk, on his own motion or the motion of any party, may order that a multidisciplinary evaluation of the respondent be performed. A request for a multidisciplinary evaluation shall be made in writing and filed with the clerk within 10 days after service of the petition on the respondent.(b) If a multidisciplinary evaluation is ordered, the clerk shall name a designated agency and order it to prepare, cause to be prepared, or assemble a current multidisciplinary evaluation of the respondent. The agency shall file the evaluation with the clerk not later than 30 days after the agency receives the clerk's order. The multidisciplinary evaluation shall be filed in the proceeding for adjudication of incompetence, in the proceeding for appointment of a guardian under Subchapter II of this Chapter, or both. Unless otherwise ordered by the clerk, the agency shall send copies of the evaluation to the petitioner and the counsel or guardian ad litem for the respondent not later than 30 days after the agency receives the clerk's order. The evaluation shall be kept under such conditions as directed by the clerk and its contents revealed only as directed by the clerk. The evaluation shall not be a public record and shall not be released except by order of the clerk.(c) If a multidisciplinary evaluation does not contain medical, psychological, or social work evaluations ordered by the clerk, the designated agency nevertheless shall file the evaluation with the clerk and send copies as required by subsection (b). In a transmittal letter, the agency shall explain why the evaluation does not contain such medical, psychological, or social work evaluations.(d) The clerk may order that the respondent attend a multidisciplinary evaluation for the purpose of being evaluated.(e) The multidisciplinary evaluation may be considered at the hearing for adjudication of incompetence, the hearing for appointment of a guardian under Subchapter II of this Chapter, or both. (1987, c. 550, s. 1.)
NC Gen Stat § 35A-1112 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 1 - Determination of Incompetence.|§ 35A-1112 - Hearing on petition; adjudication order.

 35A-1112. Hearing on petition; adjudication order.(a) The hearing on the petition shall be at the date, time, and place set forth in the final notice of hearing and shall be open to the public unless the respondent or his counsel or guardian ad litem requests otherwise, in which event the clerk shall exclude all persons other than those directly involved in or testifying at the hearing.(b) The petitioner and the respondent are entitled to present testimony and documentary evidence, to subpoena witnesses and the production of documents, and to examine and cross-examine witnesses. If the petitioner is a State or local human service agency or a health care provider, evidence may be presented without the need for legal counsel.(b1) At the hearing on the petition, on the clerk's own motion, the clerk may appoint an interim guardian pursuant to G.S. 35A-1114(d) and (e) if the clerk determines such an appointment to be in the best interests of the respondent.(c) The clerk shall dismiss the proceeding if the finder of fact, whether the clerk or a jury, does not find the respondent to be incompetent.(d) If the finder of fact, whether the clerk or the jury, finds by clear, cogent, and convincing evidence that the respondent is incompetent, the clerk shall enter an order adjudicating the respondent incompetent. The clerk may include in the order findings on the nature and extent of the ward's incompetence.(e) Following an adjudication of incompetence, the clerk shall either appoint a guardian pursuant to Subchapter II of this Chapter or, for good cause shown, transfer the proceeding for the appointment of a guardian to any county identified in G.S. 35A-1103. The transferring clerk shall enter a written order authorizing the transfer. The clerk in the transferring county shall transfer all original papers and documents, including the multidisciplinary evaluation, if any, to the transferee county and close his file with a copy of the adjudication order and transfer order.(f) If the adjudication occurs in any county other than the county of the respondent's residence, a certified copy of the adjudication order shall be sent to the clerk in the county of the ward's legal residence, to be filed and indexed as in a special proceeding of that county.(g) Except as provided in G.S. 35A-1114(f), a proceeding filed under this Article may be voluntarily dismissed as provided in G.S. 1A-1, Rule 41, Rules of Civil Procedure.  (1987, c. 550, s. 1; 2017-158, s. 7; 2018-33, s. 45(b).)
NC Gen Stat § 35A-1115 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 1 - Determination of Incompetence.|§ 35A-1115 - Appeal from clerk's order.

 35A-1115. Appeal from clerk's order.Appeal from an order adjudicating incompetence shall be to the superior court for hearing de novo and thence to the Court of Appeals. An appeal does not stay the appointment of a guardian unless so ordered by the superior court or the Court of Appeals. The Court of Appeals may request the Attorney General to represent the petitioner on any appeal by the respondent to the Appellate Division of the General Court of Justice, but the Department of Justice shall not be required to pay any of the costs of the appeal. (1987, c. 550, s. 1.)
NC Gen Stat § 35A-1120 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 2 - Appointment of Guardian.|§ 35A-1120 - Appointment of guardian.

 35A-1120. Appointment of guardian.Except as otherwise provided in this Article, if the respondent is adjudicated incompetent, or proper application is made for appointment of the guardian of a minor under Article 6 of this Chapter, a guardian or guardians shall be appointed in the manner provided for in Subchapter II of this Chapter.  (1987, c. 550, s. 1; 2021-53, s. 2.1.)
NC Gen Stat § 35A-1121 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 2 - Appointment of Guardian.|§ 35A-1121 - Authorization of a single protective arrangement or single transaction without appointing guardian.

 35A-1121. Authorization of a single protective arrangement or single transaction without appointing guardian.(a) If it is established in a proper proceeding that a basis exists for the appointment of a guardian of a minor or an incompetent person, the clerk of superior court, without appointing a guardian, may order a single protective arrangement or single transaction for the benefit of a minor or incompetent person as follows:(1) Authorize, direct, or ratify any transaction necessary or desirable to achieve any service, care, or safety arrangement meeting the foreseeable needs of the minor or incompetent person, and authorize a special fiduciary to execute any such transaction on behalf of the minor or incompetent person, including any of the following:a. The payment, delivery, deposit, or retention of funds or property.b. The sale, mortgage, lease, or other transfer of property in accordance with the requirements of subsection (c) of this section.c. The entry into an annuity contract, a contract for life care, a deposit contract, or a contract for training and education.d. The establishment, funding, or addition to a suitable trust, including, but not limited to, a trust for the benefit of the minor or incompetent person pursuant to 42 U.S.C. 1396p(d)(4).e. The establishment, funding, or administration of an ABLE account, as defined in section 529A of the Internal Revenue Code.(2) Authorize, direct, or ratify any contract, trust, or other transaction relating to the minor or incompetent person's property and business affairs, and authorize a special fiduciary to execute any such contract, trust, or other transaction on behalf of the minor or incompetent person, if the clerk of superior court determines that the transaction is in the best interest of the minor or incompetent person.(b) Before approving a protective arrangement or other transaction under this section, the clerk of superior court shall consider the interests of creditors and dependents of the minor or incompetent person and, in view of the disability, whether the minor or incompetent person needs the continuing protection of a guardian. The clerk of superior court may appoint a temporary guardian to assist in the accomplishment of any protective arrangement or other transaction authorized under this section who shall have the authority conferred by the order and serve until discharged by order after report to the clerk of superior court of all matters done pursuant to the order of appointment.(c) The sale, mortgage, exchange, lease, or gift of any property by a special fiduciary or temporary guardian appointed as provided in this section shall be subject to the same procedural and reporting requirements that would otherwise apply to the sale, mortgage, exchange, lease, or gift of such property by a guardian of the estate or general guardian, pursuant to this Chapter.  (2021-53, s. 2.2.)