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2023 North Carolina General Statutes › Chapter 33B - North Carolina Uniform Custodial Trust Act › § 33B-4 - Form and effect of receipt and acceptance by custodial trustee; jurisdiction.

§ 33B-4. Form and effect of receipt and acceptance by custodial trustee; jurisdiction.
(a) Obligations of a custodial trustee, including the obligation to follow directions of the beneficiary, arise under this act upon the custodial trustee's acceptance, express or implied, of the custodial trust property.
(b) The custodial trustee's acceptance may be evidenced by a writing stating in substance:
I, __________, (name of custodial trustee) acknowledge receipt of the custodial trust property described below or in the attached instrument and accept the custodial trust as custodial trustee for ___________ (name of beneficiary) under the North Carolina Uniform Custodial Trust Act. I undertake to administer and distribute the custodial trust property pursuant to the North Carolina Uniform Custodial Trust Act. My obligations as custodial trustee are subject to the directions of the beneficiary unless the beneficiary is designated as, is, or becomes incapacitated. The custodial trust property consists of ____________
Dated: ________________
____________________
(Signature of Custodial Trustee)".
(c) Upon accepting custodial trust property, a person designated as custodial trustee under this act is subject to personal jurisdiction in this State with respect to any matter relating to the custodial trust. (1995, c. 486, s. 1.)
2023 North Carolina General Statutes › Chapter 33B - North Carolina Uniform Custodial Trust Act › § 33B-5 - Transfer to custodial trustee by fiduciary or obligor; facility of payment.

§ 33B-5. Transfer to custodial trustee by fiduciary or obligor; facility of payment.
(a) A person, including a fiduciary other than a custodial trustee, who holds property of or owes a debt to an incapacitated individual not having a guardian of the estate may make a transfer to an adult member of the beneficiary's family or to a trust company as custodial trustee for the use and benefit of the incapacitated individual. If the value of the property or the debt exceeds twenty thousand dollars ($20,000), the transfer is not effective unless authorized by the court.
(b) A written acknowledgment of delivery, signed by a custodial trustee, is a sufficient receipt and discharge for property transferred to the custodial trustee pursuant to this section.
(c) This section shall not apply when the disposition of the property has been directed by an instrument designating a custodial trustee pursuant to G.S. 33B-3. (1995, c. 486, s. 1.)
2023 North Carolina General Statutes › Chapter 33B - North Carolina Uniform Custodial Trust Act › § 33B-6 - Single beneficiaries; separate custodial trusts.

§ 33B-6. Single beneficiaries; separate custodial trusts.
(a) Beneficial interests in a custodial trust may not be created for multiple beneficiaries.
(b) All custodial trust property held under this act by the same custodial trustee for the use and benefit of a single beneficiary may be administered as a single custodial trust. (1995, c. 486, s. 1.)
2023 North Carolina General Statutes › Chapter 33B - North Carolina Uniform Custodial Trust Act › § 33B-7 - General duties of custodial trustee.

§ 33B-7. General duties of custodial trustee.
(a) If appropriate, a custodial trustee shall register or record the instrument vesting title to custodial trust property.
(b) If the beneficiary is not incapacitated, a custodial trustee shall follow the directions of the beneficiary in the management, control, investment, or retention of the custodial trust property.
If the beneficiary is incapacitated or the beneficiary has capacity but has not given direction, the custodial trustee shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other law restricting investments by fiduciaries. However, a custodial trustee, in the custodial trustee's discretion, may retain any custodial trust property received from the transferor.
If a custodial trustee has a special skill or expertise or is named custodial trustee on the basis of representation of a special skill or expertise, the custodial trustee shall observe the standard of care expected of one with that skill or expertise.
(c) Subject to subsection (b) of this section, a custodial trustee shall take control of and collect, hold, manage, invest, and reinvest custodial trust property.
(d) A custodial trustee at all times shall keep custodial trust property of which the custodial trustee has control, separate from all other property in a manner sufficient to identify it clearly as custodial trust property of the beneficiary. Custodial trust property, the title to which is subject to recordation, is adequately identified as such if an appropriate instrument so identifying the property is recorded in the name of the custodial trustee, designated in substance "as custodial trustee for ____________ (name of beneficiary) under the North Carolina Uniform Custodial Trust Act". Custodial trust property subject to registration is so identified if it is registered, or held in an account in the name of the custodial trustee, designated in substance "as custodial trustee for ____________ (name of beneficiary) under the North Carolina Uniform Custodial Trust Act".
(e) A custodial trustee shall keep records of all transactions with respect to custodial trust property, including information necessary for the preparation of tax returns, and shall make the records and information available at reasonable times to the beneficiary or legal representative of the beneficiary.
(f) Unless the durable power of attorney specifically provides otherwise, the exercise of the durable power of attorney for an incapacitated beneficiary is not effective to terminate or direct the administration or distribution of a custodial trust. (1995, c. 486, s. 1.)
2023 North Carolina General Statutes › Chapter 33B - North Carolina Uniform Custodial Trust Act › § 33B-8 - General powers of custodial trustee.

§ 33B-8. General powers of custodial trustee.
(a) A custodial trustee, acting in a fiduciary capacity, has all the rights and powers over custodial trust property which an unmarried adult owner has over individually owned property, but a custodial trustee may exercise those rights and powers in a fiduciary capacity only.
(b) This section does not relieve a custodial trustee from liability for a violation of G.S. 33B-7. (1995, c. 486, s. 1.)
2023 North Carolina General Statutes › Chapter 33B - North Carolina Uniform Custodial Trust Act › § 33B-9 - Use of custodial trust property.

§ 33B-9. Use of custodial trust property.
(a) A custodial trustee shall pay to the beneficiary or expend for the beneficiary's use and benefit so much or all of the custodial trust property as the beneficiary while not incapacitated may direct from time to time.
(b) If the beneficiary is incapacitated, the custodial trustee shall expend so much or all of the custodial trust property as the custodial trustee considers advisable for the use and benefit of the beneficiary and the spouse and children, and other dependents of the beneficiary. Expenditures may be made in the manner, when, and to the extent that the custodial trustee determines suitable and proper, without court order and without regard to other support, income, or property of the beneficiary.
(c) A custodial trustee may establish checking, savings, or other similar accounts of reasonable amounts from which either the custodial trustee or the beneficiary may withdraw funds or against which either may draw checks. Funds withdrawn from, or checks written against, the account of the beneficiary are distributions of custodial trust property by the custodial trustee to the beneficiary. (1995, c. 486, s. 1.)
2023 North Carolina General Statutes › Chapter 33B - North Carolina Uniform Custodial Trust Act › § 33B-10 - Determination of incapacity; effect.

§ 33B-10. Determination of incapacity; effect.
(a) The custodial trustee shall administer the custodial trust as for an incapacitated beneficiary if (i) the custodial trust was created under G.S. 33B-5, (ii) the transferor has so directed in the instrument creating the custodial trust, (iii) a determination that a beneficiary is an incompetent adult has been made under the provisions of Chapter 35A, including a determination of limited incompetence under the provisions of G.S. 35A-1112(d), unless the court provided otherwise, or (iv) the custodial trustee has determined that the beneficiary is incapacitated under subsection (b) of this section.
(b) A custodial trustee may determine that the beneficiary is incapacitated in reliance upon (i) previous direction or authority given by the beneficiary while not incapacitated, including direction or authority pursuant to a durable power of attorney, (ii) the certificate of the beneficiary's physician, (iii) authority given to the custodial trustee in the instrument creating the trust to determine the incapacity of the beneficiary after the creation of the custodial trust, or (iv) other reasonable evidence.
(c) If a custodial trustee for an incapacitated beneficiary determines that the beneficiary's incapacity has ceased, or that circumstances concerning the beneficiary's ability to manage property and business affairs have changed since the creation of a custodial trust directing administration as for an incapacitated beneficiary, the custodial trustee may administer the trust as for a beneficiary who is not incapacitated.
(d) Regardless of whether any determination of incapacity under subsection (b) of this section has or has not been made, the beneficiary, the custodial trustee, or other person interested in the custodial trust property or the welfare of the beneficiary, may petition under the procedures of Chapter 35A for a determination by the court whether the beneficiary is or continues to be incapacitated as defined in G.S. 33B-1(8). A determination of incapacity does not require appointment of a guardian of the estate unless in the discretion of the court such appointment is otherwise warranted.
(e) Incapacity of a beneficiary does not terminate (i) the custodial trust, (ii) any designation of a successor custodial trustee, (iii) rights or powers of the custodial trustee, or (iv) any immunities of third persons acting on instructions of the custodial trustee.
(f) A custodial trustee shall not be liable for any determinations authorized by this section regarding the capacity or incapacity of the beneficiary made in good faith. (1995, c. 486, s. 1.)
2023 North Carolina General Statutes › Chapter 33B - North Carolina Uniform Custodial Trust Act › § 33B-11 - Third-party transactions.

§ 33B-11. Third-party transactions.
A third person in good faith and without a court order may act on instructions of, or otherwise deal with, a person purporting to make a transfer as, or to act in the capacity of, a custodial trustee. In the absence of actual knowledge to the contrary, the third person is not responsible for determining:
(1) The validity of the purported custodial trustee's designation;
(2) The propriety of, or the authority under this act for, any action of the purported custodial trustee;
(3) The validity or propriety of an instrument executed or instruction given pursuant to this act either by the person purporting to make a transfer or declaration or by the purported custodial trustee; or
(4) The propriety of the application of property vested in the purported custodial trustee. (1995, c. 486, s. 1.)
2023 North Carolina General Statutes › Chapter 33B - North Carolina Uniform Custodial Trust Act › § 33B-12 - Liability to the third person.

§ 33B-12. Liability to the third person.
(a) A claim based on (i) a contract entered into by a custodial trustee acting in a fiduciary capacity, (ii) an obligation arising from the ownership or control of custodial trust property, (iii) a tort committed in the course of administering the custodial trust, may be asserted by a third person against the custodial trust property by proceeding against the custodial trustee in a fiduciary capacity, whether or not the custodial trustee or the beneficiary is personally liable.
(b) A custodial trustee may be held personally liable to a third person:
(1) On a contract entered into in a fiduciary capacity if the custodial trustee fails to reveal that capacity or to identify the custodial trust in the contract; or
(2) For an obligation arising from control of custodial trust property or for a tort committed in the course of the administration of the custodial trust if the custodial trustee is personally at fault.
(c) A beneficiary is not personally liable to a third person for an obligation arising from beneficial ownership of custodial trust property or for a tort committed in the course of administration of the custodial trust unless the beneficiary is personally in possession of the custodial trust property giving rise to the liability or is personally at fault.
(d) Subsections (b) and (c) of this section do not preclude actions or proceedings to establish liability of the custodial trustee or beneficiary as owner or possessor of the custodial trust property to the extent that person is protected as the insured by liability insurance. (1995, c. 486, s. 1.)
2023 North Carolina General Statutes › Chapter 33B - North Carolina Uniform Custodial Trust Act › § 33B-14 - Expenses, compensation, and bond of custodial trustee.

§ 33B-14. Expenses, compensation, and bond of custodial trustee.
Except as otherwise provided in the instrument creating the custodial trust, in an agreement with the beneficiary, or by court order, a custodial trustee:
(1) Is entitled to reimbursement from custodial trust property for reasonable expenses incurred in the performance of fiduciary services;
(2) May charge, no later than six months after the end of each calendar year, a reasonable compensation for fiduciary services performed during that year; and
(3) Need not furnish a bond or other security for the faithful performance of fiduciary duties. (1995, c. 486, s. 1.)
2023 North Carolina General Statutes › Chapter 33B - North Carolina Uniform Custodial Trust Act › § 33B-15 - Reporting and accounting by custodial trustee; determination of liability of custodial trustee.

§ 33B-15. Reporting and accounting by custodial trustee; determination of liability of custodial trustee.
(a) Upon the acceptance of custodial trust property, the custodial trustee shall provide a written statement that the custodial trust property is held pursuant to this act and describing the custodial trust property. The custodial trustee shall thereafter provide a written statement of the administration of the custodial trust property (i) once each year, (ii) upon request at reasonable times by the beneficiary or the beneficiary's legal representative, (iii) upon resignation or removal of the custodial trustee, and (iv) upon termination of the custodial trust. The statements must be provided to the beneficiary or to the beneficiary's legal representative. Upon termination of the beneficiary's interest, the custodial trustee shall furnish a statement to the person to whom the custodial trust property is to be delivered.
(b) A beneficiary, the beneficiary's legal representative, an adult member of the beneficiary's family, a person interested in the custodial trust property, or a person interested in the welfare of the beneficiary may petition the court for an accounting by the custodial trustee or the custodial trustee's legal representative.
(c) A successor custodial trustee may petition the court for an accounting by a predecessor custodial trustee or the legal representative of a predecessor custodial trustee.
(d) In an action or proceeding under this act or in any other proceeding, the court may require or permit the custodial trustee or the custodial trustee's legal representative to account. The custodial trustee or the custodial trustee's legal representative may petition the court for approval of annual or final accounts.
(e) If a custodial trustee is removed, the court shall require an accounting and order delivery of the custodial trust property and records to the successor custodial trustee and the execution of all instruments required for transfer of the custodial trust property.
(f) On petition of the custodial trustee or any person who could petition for an accounting, the court, after notice to interested persons, may issue instructions to the custodial trustee or review the propriety of the acts of a custodial trustee or the reasonableness of compensation determined by the custodial trustee or others. (1995, c. 486, s. 1.)
2023 North Carolina General Statutes › Chapter 33B - North Carolina Uniform Custodial Trust Act › § 33B-16 - Limitations of action against custodial trustee.

§ 33B-16. Limitations of action against custodial trustee.
(a) Except as provided in subsections (b) and (c) of this section, a claim for relief against a custodial trustee for accounting or breach of duty is barred as to a beneficiary, a person to whom custodial trust property is to be paid or delivered, or the legal representative of an incapacitated or deceased beneficiary or payee:
(1) Who has received a final account or statement fully disclosing the matter unless an action or proceeding to assert the claim is commenced within two years after receipt of the final account or statement; or
(2) Who has not received a final account or statement fully disclosing the matter unless an action or proceeding to assert the claim is commenced within three years after the termination of the custodial trust.
(b) Except as provided in subsection (c) of this section, a claim for relief to recover from a custodial trustee for fraud, misrepresentation, or concealment is barred unless an action or proceeding to assert the claim is commenced within five years after the termination of the custodial trust.
(c) A claim for relief is not barred by this section if the claimant:
(1) Is a minor, until the earlier of two years after the claimant becomes an adult or dies;
(2) Is an incapacitated adult, until the earliest of two years after (i) the appointment of a guardian of the estate, (ii) the removal of the incapacity, or (iii) the death of the claimant; or
(3) Was an adult, now deceased, who was not incapacitated, until two years after the claimant's death if the claim was not barred by adjudication, consent, or limitation prior to the claimant's death. (1995, c. 486, s. 1.)
2023 North Carolina General Statutes › Chapter 33B - North Carolina Uniform Custodial Trust Act › § 33B-17 - Distribution on termination.

§ 33B-17. Distribution on termination.
(a) Upon termination of a custodial trust, the custodial trustee shall transfer the unexpended custodial trust property:
(1) To the beneficiary, if not incapacitated or deceased;
(2) To the guardian of the estate or other recipient designated by the court for an incapacitated beneficiary; or
(3) Upon the beneficiary's death, in the following order:
a. As last directed in a writing signed by the deceased beneficiary while not incapacitated and received by the custodial trustee during the life of the deceased beneficiary;
b. As designated in the instrument creating the custodial trust; or
c. To the estate of the deceased beneficiary.
(b) If, when the custodial trust would otherwise terminate, the distributee is incapacitated, the custodial trust continues for the use and benefit of the distributee as beneficiary until the incapacity is removed or the custodial trust is otherwise terminated.
(c) Death of a beneficiary does not terminate the power of the custodial trustee to discharge obligations of the custodial trustee or beneficiary incurred before the termination of the custodial trust.
(d) The writing described in G.S. 33B-17(a)(3)a. or the instrument described in G.S. 33B-17(a)(3)b. must also be signed by at least two witnesses, neither of whom is the custodial trustee or the distributee of the custodial trust property, and be acknowledged by the beneficiary or transferor before an individual authorized to administer oaths or take acknowledgements. Failure to comply with the witness or acknowledgement requirement shall not affect the validity of the custodial trust during the life of the beneficiary, but shall invalidate only the direction or designation of the distributee on termination of the custodial trust under G.S. 33B-17(a)(3)a. or G.S. 33B-17(a)(3)b., and upon termination of the custodial trust the custodial trustee shall transfer the unexpended custodial trust property according to the remaining provisions of this section. (1995, c. 486, s. 1.)
2023 North Carolina General Statutes › Chapter 33B - North Carolina Uniform Custodial Trust Act › § 33B-19 - Applicable law.

§ 33B-19. Applicable law.
(a) This act applies to a transfer or declaration creating a custodial trust that refers to this act if, at the time of the transfer or declaration, the transferor, beneficiary, or custodial trustee is a resident of or has its principal place of business in this State or the custodial trust property is located in this State. The custodial trust remains subject to this act despite a later change in residence or principal place of business of the transferor, beneficiary, or custodial trustee, or removal of the custodial trust property from this State.
(b) A transfer made pursuant to an act of another state substantially similar to this act is governed by the law of that state and may be enforced in this State. (1995, c. 486, s. 1.)
2023 North Carolina General Statutes › Chapter 33B - North Carolina Uniform Custodial Trust Act › § 33B-20 - Uniformity of application and construction.

§ 33B-20. Uniformity of application and construction.
This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it. (1995, c. 486, s. 1.)
2023 North Carolina General Statutes › Chapter 33B - North Carolina Uniform Custodial Trust Act › § 33B-22 - Limitation on value of custodial trust property.

§ 33B-22. Limitation on value of custodial trust property.
Transfers or declarations of property to the corpus of a custodial trust under this act shall not exceed in the aggregate one hundred thousand dollars ($100,000) in value, exclusive of the value of the transferor's or declarant's personal residence. This limitation shall not apply to any appreciation in the value of the corpus held in the custodial trust. A good faith violation of this section shall not invalidate a custodial trust. (1995, c. 486, s. 1.)
2023 North Carolina General Statutes › Chapter 34 - Veterans' Guardianship Act › § 34-2 - Definitions.

§ 34-2. Definitions.
In this Chapter:
The term "benefits" shall mean all moneys payable by the United States through the Bureau.
The term "Bureau" means the United States Veterans' Bureau or its successor.
The term "Director" means the Director of the United States Veterans' Bureau or his successor.
"Estate" means income on hand and assets acquired partially or wholly with "income."
The term "guardian" as used herein shall mean any person acting as a fiduciary for a ward.
"Income" means moneys received from the Veterans Administration and revenue or profit from any property wholly or partially acquired therewith.
The term "person" includes a partnership, corporation or an association.
The term "ward" means a beneficiary of the Bureau. (1929, c. 33, s. 2; 1945, c. 723, s. 2; 1961, c. 396, s. 1.)
2023 North Carolina General Statutes › Chapter 34 - Veterans' Guardianship Act › § 34-2.1 - Guardian's powers as to property; validation of prior acts.

§ 34-2.1. Guardian's powers as to property; validation of prior acts.
Any guardian appointed under the provisions of this Chapter may be guardian of all property, real or personal, belonging to the ward to the same extent as a guardian appointed under the provisions of Chapter 35A of the General Statutes, and the provisions of such Chapter concerning the custody, management and disposal of property shall apply in any case not provided for by this Chapter. All acts heretofore performed by guardians appointed under the provisions of this Chapter with respect to the custody, management and disposal of property of wards are hereby validated where no provision for such acts was provided for by this Chapter, if such acts were performed under and in conformity with the provisions of Chapter 35A of the General Statutes. (1955, c. 1272, s. 1; 1987, c. 550, s. 18.)
2023 North Carolina General Statutes › Chapter 34 - Veterans' Guardianship Act › § 34-3 - Appointment of guardian for wards entitled to benefits from United States Veterans' Bureau.

§ 34-3. Appointment of guardian for wards entitled to benefits from United States Veterans' Bureau.
Whenever, pursuant to any law of the United States or regulation of the Bureau, the Director requires, prior to payment of benefits, that a guardian be appointed for a ward, such appointment shall be made in the manner hereinafter provided. (1929, c. 33, s. 3.)
2023 North Carolina General Statutes › Chapter 34 - Veterans' Guardianship Act › § 34-4 - Guardian may not be named for more than five wards; exceptions; banks and trust companies, public guardians, or where wards are members of same family.

§ 34-4. Guardian may not be named for more than five wards; exceptions; banks and trust companies, public guardians, or where wards are members of same family.
It shall be unlawful for any person, other than a public guardian qualified under Article 11, Chapter 35A, General Statutes of North Carolina, to accept appointment as guardian of any United States Veterans Administration ward, if such person shall at the time of such appointment be acting as guardian for five wards. For the purpose of this section, all minors of same family unit shall constitute one ward. In all appointments of a public guardian for United States Veterans Administration wards, the guardian shall furnish a separate bond for each appointment as required by G.S. 34-9. If, in any case, an attorney for the United States Veterans Administration presents a petition under this section alleging that an individual guardian other than a public guardian is acting in a fiduciary capacity for more than five wards and requesting discharge of the guardian for that reason, then the court, upon satisfactory evidence that the individual guardian is acting in a fiduciary capacity for more than five wards, must require a final accounting forthwith from such guardian and shall discharge the guardian in such case. Upon the termination of a public guardian's term of office, he may be permitted to retain any appointments made during his term of office.
This section shall not apply to banks and trust companies licensed to do trust business in North Carolina. (1929, c. 33, s. 4; 1967, c. 564, s. 1; 1987, c. 550, s. 19.)
2023 North Carolina General Statutes › Chapter 34 - Veterans' Guardianship Act › § 34-5 - Petition for appointment of guardian.

§ 34-5. Petition for appointment of guardian.
A petition for the appointment of a guardian may be filed in any court of competent jurisdiction by or on behalf of any person who under existing law is entitled to priority of appointment. If there be no person so entitled or if the person so entitled shall neglect or refuse to file such a petition within thirty days after mailing of notice by the Bureau to the last known address of such person indicating the necessity for the same, a petition for such appointment may be filed in any court of competent jurisdiction by or on behalf of any responsible person residing in this State.
The petition for appointment shall set forth the name, age, place of residence of the ward, the names and places of residence of the nearest relative, if known, and the fact that such ward is entitled to receive moneys payable by or through the Bureau and shall set forth the amount of moneys then due and the amount of probable future payments.
The petition shall also set forth the name and address of the person or institution, if any, having actual custody of the ward.
In the case of a mentally incompetent ward the petition shall show that such ward has been rated incompetent on examination by the Bureau in accordance with the laws and regulations governing the Bureau. (1929, c. 33, s. 5.)
2023 North Carolina General Statutes › Chapter 34 - Veterans' Guardianship Act › § 34-6 - Certificate of Director prima facie evidence of necessity for appointment of guardian of minor.

§ 34-6. Certificate of Director prima facie evidence of necessity for appointment of guardian of minor.
Where a petition is filed for the appointment of a guardian of a minor ward a certificate of the Director, or his representative, setting forth the age of such minor as shown by the records of the Bureau and the fact that the appointment of a guardian is a condition precedent to the payment of any moneys due the minor by the Bureau, shall be prima facie evidence of the necessity of such appointment. (1929, c. 33, s. 6.)
2023 North Carolina General Statutes › Chapter 34 - Veterans' Guardianship Act › § 34-7 - Certificate as evidence in regard to guardianship of mentally incompetent wards.

§ 34-7. Certificate as evidence in regard to guardianship of mentally incompetent wards.
Where a petition is filed for the appointment of a guardian of a mentally incompetent ward a certificate of the Director, or his representative, setting forth the fact that such person has been rated incompetent by the Bureau on examination in accordance with the laws and regulations governing such Bureau; and that the appointment of a guardian is a condition precedent to the payment of any moneys due such person by the Bureau, shall be prima facie evidence of the necessity for such appointment. (1929, c. 33, s. 7.)
2023 North Carolina General Statutes › Chapter 34 - Veterans' Guardianship Act › § 34-9 - Qualifications of guardian; surety bond.

§ 34-9. Qualifications of guardian; surety bond.
Before making an appointment under the provisions of this Chapter the court shall be satisfied that the guardian whose appointment is sought is a fit and proper person to be appointed. Upon the appointment being made the guardian shall execute and file a surety bond to be approved by the court in an amount not less than the sum then due and estimated to become payable during the ensuing year. The said bond shall be in the form and be conditioned as required of guardians appointed under the guardianship laws of this State. The court shall have power from time to time to require the guardian to file an additional bond.
No bond shall be required of the banks and trust companies licensed to do trust business in North Carolina. (1929, c. 33, s. 9.)
2023 North Carolina General Statutes › Chapter 34 - Veterans' Guardianship Act › § 34-10 - Guardian's accounts to be filed; hearing on accounts.

§ 34-10. Guardian's accounts to be filed; hearing on accounts.
Every guardian, who shall receive on account of his ward any moneys from the Bureau, shall file with the court annually, on the anniversary date of the appointment, in addition to such other accounts as may be required by the court, a full, true, and accurate account under oath of all moneys so received by him, of all disbursements thereof, and showing the balance thereof in his hands at the date of such account and how invested. A certified copy of each of such accounts filed with the court shall be sent by the guardian to the office of the Bureau having jurisdiction over the area in which such court is located.
At the time such account is filed the clerk of the superior court shall require the guardian to exhibit to the court all investments and bank statements showing cash balance and the clerk of the superior court shall certify on the original account and the certified copy which the guardian sends the Bureau that an examination was made of all investments and cash balance and that same are correctly stated in the 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 requirement of exhibiting such investments and bank statements, and the clerk of the superior court shall not be required to so certify as to the accounts of such banks, except that in addition to the officer verifying the accounts, there shall be added a certificate of another officer of the bank certifying that all assets referred to in the account are held by the guardian or by a clearing corporation for the guardian. If objections are raised to such an accounting, the court shall fix a time and place for the hearing thereon not less than 15 days nor more than 30 days from the date of filing such objections, and notice shall be given by the court to the aforesaid Bureau office and the Department of Military and Veterans Affairs by mail not less than 15 days prior to the date fixed for the hearing. Notice of such hearing shall also be given to the guardian. (1929, c. 33, s. 10; 1933, c. 262, s. 1; 1945, c. 723, s. 2; 1961, c. 396, s. 2; 1967, c. 564, s. 5; 1973, c. 497, s. 6; c. 620, s. 9.)
2023 North Carolina General Statutes › Chapter 34 - Veterans' Guardianship Act › § 34-11 - Failure to file account cause for removal.

§ 34-11. Failure to file account cause for removal.
If any guardian shall fail to file any account of the moneys received by him from the Bureau on account of his ward within 30 days after such account is required by either the court or the Bureau, or shall fail to furnish the Bureau a copy of his accounts as required by this Chapter, such failure shall be grounds for removal. (1929, c. 33, s. 11.)
2023 North Carolina General Statutes › Chapter 34 - Veterans' Guardianship Act › § 34-12 - Compensation at five percent; additional compensation; premiums on bonds.

§ 34-12. Compensation at five percent; additional compensation; premiums on bonds.
Compensation payable to guardians shall not exceed five percent (5%) of the income of the ward during any year, except that the court may approve compensation in the accounting in an amount not to exceed twenty-five dollars ($25.00) from an estate where the income for any one year is less than five hundred dollars ($500.00). In the event of extraordinary services rendered by such guardian the court may, upon petition and after hearing thereon, authorize additional compensation therefor, payable from the estate of the ward. Notice of such petition and hearing shall be given the proper office of the Bureau and the Department of Military and Veterans Affairs in the manner provided in G.S. 34-10. No compensation shall be allowed on the corpus of an estate received from a preceding guardian. The guardian may be allowed from the estate of his ward reasonable premiums paid by him to any corporate surety upon his bond. (1929, c. 33, s. 12; 1945, c. 723, s. 2; 1967, c. 564, ss. 2, 5; 1973, c. 620, s. 9.)
2023 North Carolina General Statutes › Chapter 34 - Veterans' Guardianship Act › § 34-13 - Investment of funds.

§ 34-13. Investment of funds.
Every guardian shall invest the funds of the estate in any of the following securities:
(1) United States government bonds.
(2) State of North Carolina bonds issued since the year 1872.
(3) By loaning the same upon real estate securities in which the guardian has no interest, such loans not to exceed fifty percent (50%) of the actual appraised or assessed value, whichever may be lower, and said loans when made to be evidenced by a note, or notes, or bond, or bonds, under the seal of the borrower and secured by first mortgage or first deed of trust. Said guardian before making such investment on real estate mortgages shall secure a certificate of title from some reputable attorney certifying that the same is first lien on real estate and also setting forth the tax valuation thereof for the current year: Provided, said guardian may purchase with said funds a home or farm for the sole use of said ward or his dependents upon petition and order of the clerk of superior court, said order to be approved by the resident or presiding judge of the superior court, and provided further that copy of said petition shall be forwarded to said Bureau before consideration thereof by said court. Any guardian may encumber the home or farm so purchased for the entire purchase price or balance thereof to enable the ward to obtain benefits provided in Title 38, U.S. Code, Chapter 37, upon petition to and order of the clerk of superior court of the county of appointment of said guardian and approved by the resident or presiding judge of the superior court. Notice of hearing on such petition, together with copy of the petition, shall be given to the United States Veterans Administration and the Department of Military and Veterans Affairs by mail not less than 15 days prior to the date fixed for the hearing.
(4) Any form of investment allowed by law to the State Treasurer under G.S. 147-69.1.
(5) Repealed by Session Laws 1979, c. 467, s. 22.
It shall be the duty of guardians who shall have funds invested other than as provided for in this section to liquidate same within one year from the passage of this law: Provided, however, that upon the approval of the judge of the superior court, either residing in or presiding over the courts of the district, the clerk of the superior court may authorize the guardian to extend from time to time, the time for sale or collection of any such investments; that no extension shall be made to cover a period of more than one year from the time the extension is made.
The clerk of the superior court of any county in the State or any guardian who shall violate any of the provisions of this section shall be guilty of a Class 1 misdemeanor. (1929, c. 33, s. 13; 1933, c. 262, s. 2; 1957, c. 199; 1959, c. 1015, s. 1; 1967, c. 564, ss. 3, 4; 1973, c. 620, s. 9; 1979, c. 467, s. 22; 1993, c. 539, s. 401; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 34 - Veterans' Guardianship Act › § 34-14 - Application of ward's estate.

§ 34-14. Application of ward's estate.
A guardian may apply any income received from the Veterans Administration for the benefit of the ward in the same manner and to the same extent as other income of the estate without the necessity of securing an order of court. A guardian shall not apply any portion of the estate of his ward for the support and maintenance of any person other than his ward, except upon order of the court after a hearing, notice of which has been given the proper officer of the Bureau and the Department of Military and Veterans Affairs in the manner provided in G.S. 34-10. (1929, c. 33, s. 14; 1945, c. 723, s. 2; 1961, c. 396, s. 3; 1967, c. 564, s. 5; 1973, c. 620, s. 9.)
2023 North Carolina General Statutes › Chapter 34 - Veterans' Guardianship Act › § 34-14.1 - Payment of veterans' benefits to relatives.

§ 34-14.1. Payment of veterans' benefits to relatives.
(a) It shall be lawful for a guardian or trustee of a mentally disordered or incompetent Veterans Administration beneficiary to pay to or for
(1) The spouse or children or mother or father of the ward, whether or not said spouse or children or mother or father received any part of their maintenance from the ward prior to the appointment of said guardian or trustee, such an amount for support and maintenance as shall be approved by the clerk of the superior court having jurisdiction over such guardian or trustee;
(2) A brother, sister, nephew, niece, uncle, aunt, or any other relative of the ward, who, prior to the appointment of said guardian or trustee, received some part of his or her maintenance from said ward, such an amount for support and maintenance as shall be approved by the clerk of the superior court having jurisdiction over said guardian or trustee and by a superior court judge.
(b) Such approval may be granted upon a duly verified petition filed before the clerk of the superior court having jurisdiction of such guardian or trustees setting forth
(1) The amount of benefits received by the guardian or trustee on behalf of the ward from the Veterans Administration;
(2) The amount of periodic disbursements, if any, made by such guardian or trustee for the maintenance and support of the ward;
(3) The person for whose maintenance and support payment is to be made and the relationship of such person to the ward;
(4) If the person for whose maintenance and support payment is to be made is one described in subsection (a)(2) above, facts showing that prior to the appointment of said guardian or trustee such person received some part of his or her maintenance from said ward;
(5) The amount to be paid and the period when such payments are to be made.
Notice of hearing upon such petition shall be as provided by G.S. 34-14, and no person or persons, other than the guardian or trustees and petitioner, need to be made parties to any such proceeding. If the guardian or trustee is the petitioner, no other parties shall be necessary. (1945, c. 479, ss. 1, 2; 1953, c. 122, s. 1; 1955, c. 1272, s. 2.)
2023 North Carolina General Statutes › Chapter 34 - Veterans' Guardianship Act › § 34-15 - Certified copy of record required by Bureau to be furnished without charge.

§ 34-15. Certified copy of record required by Bureau to be furnished without charge.
Whenever a copy of any public record is required by the Bureau or the Department of Military and Veterans Affairs to be used in determining the eligibility of any person to participate in benefits made available by such Bureau, the official charged with the custody of such public record shall without charge provide the applicant for such benefits or any person acting on his behalf or the representative of such Bureau or the Department of Military and Veterans Affairs with a certified copy of such record. (1929, c. 33, s. 15; 1945, c. 723, s. 2; 1967, c. 564, s. 5; 1973, c. 620, s. 9.)
2023 North Carolina General Statutes › Chapter 34 - Veterans' Guardianship Act › § 34-17 - Discharge of guardian.

§ 34-17. Discharge of guardian.
When a minor ward for whom a guardian has been appointed under the provisions of this Chapter or other laws of this State shall have attained his or her majority, and if incompetent shall be declared competent by the Bureau and by an order of the clerk of the superior court of the county in which such guardian was appointed, and when any incompetent ward, not a minor, shall be declared competent by said Bureau and by an order of the clerk of the superior court of the county in which such guardian was appointed, the guardian shall upon making a satisfactory accounting be discharged upon a petition filed for that purpose. The certificate of the Director, or his representative, setting forth the fact that an incompetent ward has been rated competent by the Bureau on examination in accordance with the laws and regulations governing such Bureau shall be prima facie evidence upon which the court may declare such ward competent. (1929, c. 33, s. 17; 1955, c. 1272, s. 3.)
2023 North Carolina General Statutes › Chapter 35 - Sterilization Procedures › Article 4 - Mortgage or Sale of Estates Held by the Entireties. › §§ 35-14 through 35-18: Recodified as §§ 35A-1310 to 35A-1314 by Session Laws 1987, c. 550, s. 2.

Article 4.
Mortgage or Sale of Estates Held by the Entireties.
§§ 35-14 through 35-18: Recodified as §§ 35A-1310 to 35A-1314 by Session Laws 1987, c. 550, s. 2.
2023 North Carolina General Statutes › Chapter 35 - Sterilization Procedures › Article 5 - Surplus Income and Advancements. › §§ 35-19 through 35-29: Recodified as §§ 35A-1320 through 35A-1330 by Session Laws 1987, c. 550, s. 3.

Article 5.
Surplus Income and Advancements.
§§ 35-19 through 35-29: Recodified as §§ 35A-1320 through 35A-1330 by Session Laws 1987, c. 550, s. 3.
2023 North Carolina General Statutes › Chapter 35 - Sterilization Procedures › Article 5A - Gifts from Income for Certain Purposes. › §§ 35-29.1 through 35-29.4: Recodified as §§ 35A-1335 through 35A-1338 by Session Laws 1987, c. 550, s. 4.

Article 5A.
Gifts from Income for Certain Purposes.
§§ 35-29.1 through 35-29.4: Recodified as §§ 35A-1335 through 35A-1338 by Session Laws 1987, c. 550, s. 4.
2023 North Carolina General Statutes › Chapter 35 - Sterilization Procedures › Article 5B - Gifts from Principal for Certain Purposes. › §§ 35-29.5 through 35-29.10: Recodified as §§ 35A-1340 through 35A-1345 by Session Laws 1987, c. 550, s. 5.

Article 5B.
Gifts from Principal for Certain Purposes.
§§ 35-29.5 through 35-29.10: Recodified as §§ 35A-1340 through 35A-1345 by Session Laws 1987, c. 550, s. 5.
2023 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: Recodified as §§ 35A-1350 through 35A-1355 by Session Laws 1987, c. 550, s. 6.

Article 5C.
Declaring Revocable Trust Irrevocable and Making Gift of Incompetent's Life Interest Therein.
§§ 35-29.11 through 35-29.16: Recodified as §§ 35A-1350 through 35A-1355 by Session Laws 1987, c. 550, s. 6.
2023 North Carolina General Statutes › Chapter 35 - Sterilization Procedures › Article 9 - Mental Health Council. › § 35-61 through 35-63 - Transferred to G.S122-105 to 122-107 by Session Laws 1963, c1184, s13.

Article 9.
Mental Health Council.
§§ 35-61 through 35-63: Transferred to G.S. 122-105 to 122-107 by Session Laws 1963, c. 1184, s. 13.
2023 North Carolina General Statutes › Chapter 35 - Sterilization Procedures › Article 10 - Interstate Compact on Mental Health. › § 35-64 through 35-69 - Transferred to G.S122-99 to 122-104 by Session Laws 1963, c1184, s12.

Article 10.
Interstate Compact on Mental Health.
§§ 35-64 through 35-69: Transferred to G.S. 122-99 to 122-104 by Session Laws 1963, c. 1184, s. 12.
2023 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.)
2023 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.)
2023 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.)