reglab/housing_qa huggingface dataset:
NC Gen Stat § 35A-1244 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 8 - Powers and Duties of Guardian of the Person.|§ 35A-1244 - Procedure to compel status reports.

 35A-1244. Procedure to compel status reports.If a guardian of the person fails to file a status report as required, or renders an unsatisfactory report, the clerk shall, on his own motion or the request of an interested party, promptly order the guardian to render a full and satisfactory report within 20 days after service of the order. If, after due service of the order, the guardian does not file such report, or obtain further time in which to file it, on or before the return day of the order, the clerk may remove him from office or may issue an order or notice to show cause for civil or criminal contempt as provided in Chapter 5A of the General Statutes. In such proceedings, the defaulting guardian may be held personally liable for the costs of the proceeding, including the costs of service of all notices or motions incidental thereto, or the amount of the costs of the proceeding may be deducted from any commissions due to the guardian of the person. Where a corporation or disinterested public agent is guardian of the person, the president or director or person or persons having charge of the guardianship for the corporation or agency, or the person to whom the duty of making status reports has been assigned by the corporation or agency, may be proceeded against as herein provided as if he or they were the guardian personally, provided, the corporation or agency itself may also be fined and/or removed as guardian for such failure or omission. (1987, c. 550, s. 1.)
NC Gen Stat § 35A-1245 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 8 - Powers and Duties of Guardian of the Person.|§ 35A-1245 - Procedure to permit the sterilization of a ward with a mental illness or intellectual disability in the case of medical necessity.

 35A-1245. Procedure to permit the sterilization of a ward with a mental illness or intellectual disability in the case of medical necessity.(a) A guardian of the person shall not consent to the sterilization of a ward with a mental illness or intellectual disability unless an order from the clerk has been obtained in accordance with this section.(b) If a ward with a mental illness or intellectual disability needs to undergo a medical procedure that would result in sterilization, the ward's guardian shall petition the clerk for an order to permit the guardian to consent to the procedure. The petition shall contain all of the following:(1) A sworn statement from a physician licensed in this State who has examined the ward that the proposed procedure is medically necessary and not for the sole purpose of sterilization or for the purpose of hygiene or convenience.(2) The name and address of the physician who will perform the procedure.(3) A sworn statement from a psychiatrist or psychologist licensed in this State who has examined the ward as to whether the ward with a mental illness or intellectual disability is able to comprehend the nature of the proposed procedure and its consequences and provide an informed consent to the procedure.(4) If the ward is able to comprehend the nature of the proposed procedure and its consequences, the sworn consent of the ward to the procedure.(c) A copy of the petition shall be served on the ward personally. If the ward is unable to comprehend the nature of the proposed procedure and its consequences and is unable to provide an informed consent, the clerk shall appoint an attorney to represent the ward in accordance with rules adopted by the Office of Indigent Defense Services.(d) Should the ward or the ward's attorney request a hearing, a hearing shall be held. Otherwise, the clerk may enter an order without the appearance of witnesses. If a hearing is held, the guardian and the ward may present evidence.(e) If the clerk finds all of the following, the clerk shall enter an order permitting the guardian to consent to the proposed procedure:(1) The ward is capable of comprehending the procedure and its consequences and has consented to the procedure, or the ward is unable to comprehend the procedure and its consequences.(2) The procedure is medically necessary and is not solely for the purpose of sterilization or for hygiene or convenience.(f) The guardian or the ward, the ward's attorney, or any other interested party may appeal the clerk's order to the superior court in accordance with G.S. 1-301.2(e).  (2003-13, s. 1(a); 2005-250, s. 5; 2018-47, s. 1(e).)
NC Gen Stat § 35A-1250 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 9 - Powers and Duties of Guardian of the Estate.|§ 35A-1250 - Applicability of Article.

 35A-1250. Applicability of Article.(a) This Article applies only to guardians of the estate, including general guardians exercising authority as guardian of the estate. A guardian of the estate or general guardian shall have all the powers and duties under this Article unless those are inconsistent with the clerk's order appointing a guardian, in which case the clerk's order shall prevail.(b) Nothing contained in this Article shall be construed as authorizing any departure from the express terms or limitations set forth in any court order creating or limiting the guardian's powers and duties. (1987, c. 550, s. 1.)
NC Gen Stat § 35A-1253 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 9 - Powers and Duties of Guardian of the Estate.|§ 35A-1253 - Specific duties of guardian of estate.

 35A-1253. Specific duties of guardian of estate.In addition to any other duties imposed by law or by order of the clerk, a general guardian or guardian of the estate shall have the following specific duties:(1) To take possession, for the ward's use, of all his estate.(2) To diligently endeavor to collect, by all lawful means, all bonds, notes, obligations, or moneys due his ward.(3) To pay income taxes, property taxes, or other taxes or assessments owed by the ward, out of the ward's estate, as required by law. If any guardian allows his ward's lands to be sold for nonpayment of taxes or assessments, he shall be liable to his ward for the full value thereof.(4) To observe the standard of judgment and care under the circumstances then prevailing that an ordinarily prudent person of discretion and intelligence, who is a fiduciary of the property of others, would observe as such fiduciary in acquiring, investing, reinvesting, exchanging, retaining, selling, and managing the ward's property. If the guardian has special skills or is named as guardian on the basis of representations of special skills or expertise, to use those skills.(5) To obey all lawful orders of the court pertaining to the guardianship and to comply with the accounting requirements of this Subchapter.Nothing in this section shall be construed as broadening the powers granted in G.S. 35A-1251 or G.S. 35A-1252. (1987, c. 550, s. 1.)
NC Gen Stat § 35A-1260 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 10 - Returns and Accounting.|§ 35A-1260 - Applicability.

 35A-1260. Applicability.This Article applies only to general guardians and guardians of the estate. (1987, c. 550, s. 1.)
NC Gen Stat § 35A-1261 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 10 - Returns and Accounting.|§ 35A-1261 - Inventory or account within three months.

 35A-1261. Inventory or account within three months.Every guardian, within three months after his appointment, shall file with the clerk an inventory or account, upon oath, of the estate of his ward; but the clerk may extend such time not exceeding six months, for good cause shown. (1987, c. 550, s. 1; 1989, c. 473, s. 26.)
NC Gen Stat § 35A-1262 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 10 - Returns and Accounting.|§ 35A-1262 - Procedure to compel inventory or account.

 35A-1262. Procedure to compel inventory or account.(a) In cases of default to file the inventory or account required by G.S. 35A-1261, the clerk must issue an order requiring the guardian to file the inventory or account within the time specified in the order, or to show cause why he should not be removed from office or held in civil contempt, or both. If after due service of the order, the guardian does not, within the time specified in the order, file such inventory or account, or obtain further time to file the same, the clerk may remove him from office, hold him in civil contempt as provided in Article 2 of Chapter 5A, or both.(b) The guardian shall be personally liable for the costs of any proceeding incident to his failure to file the inventory or account required by G.S. 35A-1261. Such costs shall be taxed against him by the clerk and may be collected by deduction from any commissions that may be found due the guardian upon final settlement of the estate. (1987, c. 550, s. 1; 1989, c. 473, s. 27.)
NC Gen Stat § 35A-1263.1 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 10 - Returns and Accounting.|§ 35A-1263.1 - Supplemental inventory.

 35A-1263.1. Supplemental inventory.Whenever any property not included in the original inventory report becomes known to the guardian or whenever the guardian learns that the valuation or description of any property or interest therein indicated in the original inventory is erroneous or misleading, he shall prepare and file with the clerk a supplementary inventory in the same manner as prescribed for the original inventory. The clerk shall record the supplemental inventory with the original inventory. A guardian who fails to file a supplementary inventory as required by this section shall be subject to the enforcement provisions of G.S. 35A-1262. (1989, c. 473, s. 29.)
NC Gen Stat § 35A-1264 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 10 - Returns and Accounting.|§ 35A-1264 - Annual accounts.

 35A-1264. Annual accounts.Every guardian shall, within 30 days after the expiration of one year from the date of his qualification or appointment, and annually, so long as any of the estate remains in his control, file in the office of the clerk an inventory and account, under oath, of the amount of property received by him, or invested by him, and the manner and nature of such investment, and his receipts and disbursements for the past year in the form of debit and credit. The guardian shall produce vouchers for all payments or verified proof for all payments in lieu of vouchers. The clerk may examine on oath such accounting party, or any other person, concerning the receipts, disbursements or any other matter relating to the estate; and having carefully revised and audited such account, if he approve the same, he must endorse his approval thereon, which shall be deemed prima facie evidence of correctness. (1987, c. 550, s. 1.)
NC Gen Stat § 35A-1265 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 10 - Returns and Accounting.|§ 35A-1265 - Procedure to compel accounting.

 35A-1265. Procedure to compel accounting.(a) If any guardian omits to account, as directed in G.S. 35A-1264, or renders an insufficient and unsatisfactory account, the clerk shall forthwith order such guardian to render a full and satisfactory account, as required by law, within 20 days after service of the order. Upon return of the order, duly served, if the guardian fails to appear or refuses to exhibit such account, the clerk may issue an attachment against him for contempt and commit him until he exhibits such account, and may likewise remove him from office. In all proceedings hereunder the defaulting guardian will be liable personally for the costs of the said proceedings, including the costs of service of all notices or writs incidental to, or thereby acquiring, and also including reasonable attorney fees and expenses incurred by a successor guardian or other person in bringing any such proceeding, or other proceedings deemed reasonable and necessary to discover or obtain possession of assets of the ward in the possession of the defaulting guardian or which the defaulting guardian should have discovered or which the defaulting guardian should have turned over to the successor guardian. The amount of the costs and attorney fees and expenses of such proceeding may be deducted from any commissions which may be found due said guardian on settlement of the estate.(b) Where a corporation is guardian, the president, cashier, trust officer or the person or persons having charge of the particular estate for the corporation, or the person to whom the duty of making reports of said estate has been assigned by the officers or directors of the corporation, may be proceeded against and committed to jail as herein provided as if he or they were the guardian or guardians personally: Provided, it is found as a fact that the failure or omission to file such account or to obey the order of the court in reference thereto is willful on the part of the officer charged therewith: Provided further, the corporation itself may be fined and/or removed as such guardian for such failure or omission. (1987, c. 550, s. 1; 1989, c. 473, s. 16.)
NC Gen Stat § 35A-1266 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 10 - Returns and Accounting.|§ 35A-1266 - Final account and discharge of guardian.

 35A-1266. Final account and discharge of guardian.Within 60 days after a guardianship is terminated under G.S. 35A-1295, the guardian shall file a final account for the period from the end of the period of his most recent annual account to the date of that event. If the clerk, after review of the guardian's account, approves the account, the clerk shall enter an order discharging the guardian from further liability. (1987, c. 550, s. 1; 1989, c. 473, s. 32.)
NC Gen Stat § 35A-1267 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 10 - Returns and Accounting.|§ 35A-1267 - Expenses and disbursements credited to guardian.

 35A-1267. Expenses and disbursements credited to guardian.Every guardian may charge in his annual account all reasonable disbursements and expenses; and if it appear that he has really and bona fide disbursed more in one year than the profits of the ward's estate, for his education and maintenance, the guardian shall be allowed and paid for the same out of the profits of the estate in any other year; but such disbursements must, in all cases, be suitable to the degree and circumstances of the estate of the ward. (1987, c. 550, s. 1.)
NC Gen Stat § 35A-1268 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 10 - Returns and Accounting.|§ 35A-1268 - Guardian to exhibit investments and bank statements.

 35A-1268. Guardian to exhibit investments and bank statements.At the time the accounts required by this Article and other provisions of law are filed, the clerk shall require the guardian to exhibit to the court all investments and bank statements showing cash balance, and the clerk shall certify on the original account that an examination was made of all investments and the cash balance, and that the same are correctly stated in the account: Provided, such examination may be made by the clerk in the county in which such guardian resides or the county in which such securities are located and, when the guardian is a duly authorized bank or trust company, such examination may be made by the clerk in the county in which such bank or trust company has its principal office or in which such securities are located; the certificate of the clerk of such county shall be accepted by the clerk of any county in which such guardian is required to file an account; provided that banks organized under the laws of North Carolina or the acts of Congress, engaged in doing a trust and fiduciary business in this State, when acting as guardian or in other fiduciary capacity, shall be exempt from the requirements of this section, when a certificate executed by a trust examiner employed by a governmental unit, by a bank's internal auditors who are responsible only to the bank's board of directors or by an independent certified public accountant who is responsible only to the bank's board of directors is exhibited to the clerk and when said certificate shows that the securities have been examined within one year and that the securities were held at the time of the examination by the fiduciary or by a clearing corporation for the fiduciary and that the person making such certification has no reason to believe said securities are not still so held. Nothing herein contained shall be construed to abridge the inherent right of the clerk to require the production of securities, should he desire to do so. (1987, c. 550, s. 1.)
NC Gen Stat § 35A-1269 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 10 - Returns and Accounting.|§ 35A-1269 - Commissions.

 35A-1269. Commissions.The clerk shall allow commissions to the guardian for his time and trouble in the management of the ward's estate, in the same manner and under the same rules and restrictions as allowances are made to executors, administrators and collectors under the provisions of G.S. 28A-23-3 and G.S. 28A-23-4. (1987, c. 550, s. 1; 1989, c. 473, s. 21.)
NC Gen Stat § 35A-1270 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 11 - Public Guardians.|§ 35A-1270 - Appointment; term; oath.

 35A-1270. Appointment; term; oath.There may be in every county a public guardian, to be appointed by the clerk for a term of eight years. The public guardian shall take and subscribe an oath or affirmation faithfully and honestly to discharge the duties imposed upon him; the oath or affirmation so taken and subscribed shall be filed in the office of the clerk. (1987, c. 550, s. 1.)
NC Gen Stat § 35A-1271 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 11 - Public Guardians.|§ 35A-1271 - Bond of public guardian; increasing bond.

 35A-1271. Bond of public guardian; increasing bond.The public guardian shall enter into bond with three or more sureties, approved by the clerk in the penal sum of six thousand dollars ($6,000), payable to the State of North Carolina, conditioned faithfully to perform the duties of his office and obey all lawful orders of the superior or other courts touching said guardianship of all wards, money or estate that may come into his hands. Whenever the aggregate value of the real and personal estate belonging to his several wards exceeds one-half the bond herein required the clerk shall require him to enlarge his bond in amount so as to cover at least double the aggregate amount under his control as guardian. (1987, c. 550, s. 1.)
NC Gen Stat § 35A-1272 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 11 - Public Guardians.|§ 35A-1272 - Powers, duties, liabilities, compensation.

 35A-1272. Powers, duties, liabilities, compensation.The powers and duties of said public guardian shall be the same as other guardians, and he shall be subject to the same liabilities as other guardians under the existing laws, and shall receive the same compensation as other guardians. (1987, c. 550, s. 1.)
NC Gen Stat § 35A-1273 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 11 - Public Guardians.|§ 35A-1273 - When letters issue to public guardian.

 35A-1273. When letters issue to public guardian.The public guardian shall apply for and obtain letters of guardianship in the following cases:(1) When a period of six months has elapsed from the discovery of any property belonging to any minor or incompetent person without guardian.(2) When any person entitled to letters of guardianship shall request in writing the clerk to issue letters to the public guardian; but it is lawful and the duty of the clerk to revoke said letters of guardianship at any time after issuing the same upon application in writing by any person entitled to qualify as guardian, setting forth a sufficient cause for such revocation. (1987, c. 550, s. 1.)
NC Gen Stat § 35A-1280 (2021)
2021 North Carolina General Statutes|Chapter 35A - Incompetency and Guardianship|Article 12 - Nonresident Ward Having Property in State.|§ 35A-1280 - Appointment of ancillary guardian.

 35A-1280. Appointment of ancillary guardian.(a) A clerk may appoint an ancillary guardian whenever it appears by petition or application and due proof to the satisfaction of the clerk that:(1) There is in the county of the clerk's jurisdiction real or personal property in which a nonresident of the State of North Carolina has an ownership or other interest; and(2) The nonresident is incompetent or is a minor and a guardian of the estate or general guardian, or a comparable fiduciary, has been appointed and is still serving for the nonresident in the state of his or her residence; and(3) That the nonresident ward has no guardian in the State of North Carolina.(b) Except as otherwise ordered by the clerk or provided herein, an ancillary guardian shall have all the powers, duties, and responsibilities with respect to the nonresident ward's estate in the State of North Carolina as guardians otherwise appointed have. An ancillary guardian shall annually make an accounting to the court in this State and remit to the guardian in the state of the ward's residence any net rents of the real estate or any proceeds of sale.(c) A certified or exemplified copy of letters of appointment or other official record of a court of record appointing a guardian for a nonresident in the state of his residence shall be conclusive proof of the fact of the ward's minority or incompetence and of the appointment of the guardian in the state of the ward's residence; provided, that the letters of appointment or other record shall show that the guardianship is still in effect in the state of the ward's residence and that the ward's incompetence or minority still exists.(d) Upon the appointment of an ancillary guardian under this Article, the clerk shall notify the appropriate court in the county of the ward's residence and the guardian in the state of the ward's residence. (1987, c. 550, s. 1.)