reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 13 - Removal or Resignation of Guardian; Successor Guardian; Estates Without Guardians; Termination of Guardianship. › § 35A-1295 - Termination of guardianship.

§ 35A-1295. Termination of guardianship.
(a) Every guardianship shall be terminated and all powers and duties of the guardian provided in Article 9 of this Chapter shall cease when the ward:
(1) Ceases to be a minor as defined in G.S. 35A-1202(12),
(2) Is adjudicated to be restored to competency pursuant to the provisions of G.S. 35A-1130, or
(3) Dies.
(b) Notwithstanding subsection (a), a guardian of the estate or a general guardian is responsible for all accountings required by Article 10 of this Chapter until the guardian is discharged by the clerk. (1989, c. 473, s. 31.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 14 - Sale, Mortgage, Exchange or Lease of Ward's Estate. › § 35A-1302 - Procedure when real estate lies in county in which guardian does not reside.

§ 35A-1302. Procedure when real estate lies in county in which guardian does not reside.
In all cases where a guardian is appointed under the authority of Chapter 35A and such guardian applies to the court for an order to sell, mortgage, or exchange all or part of his ward's real estate, and such real estate is situated in a county other than the county in which the guardian is appointed and qualified, the guardian shall first apply to the clerk of the county in which he was appointed and qualified for an order showing that the sale, mortgage, or exchange of his ward's real estate is necessary or that the ward's interest would be materially promoted thereby. The clerk to whom such application is made shall hear and pass upon the same and enter his findings and order as to whether said sale, mortgage, or exchange is necessary or would materially promote the ward's interest, and said order and findings shall be certified to the clerk of the county in which the ward's land, or some part of it, is located and before whom any petition or application is filed for the sale, mortgage, or exchange of said land. Such findings and orders so certified shall be considered by the court along with all other evidence and circumstances in passing upon the petition in which an order is sought for the sale, mortgage, or exchange of said land. In the case of a ward who is a minor, before such findings and orders shall become effective the same shall be approved by the superior court judge holding the courts of the district or by the resident judge. (1987, c. 550, s. 1.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 14 - Sale, Mortgage, Exchange or Lease of Ward's Estate. › § 35A-1303 - Fund from sale has character of estate sold and subject to same trusts.

§ 35A-1303. Fund from sale has character of estate sold and subject to same trusts.
Whenever, in consequence of any sale under G.S. 35A-1301, the real or personal property of the ward is saved from demands to which in the first instance it may be liable, the final decree shall declare and set apart a portion of the personal or real estate thus saved, of value equal to the real and personal estate sold, as property exchanged for that sold; and in all sales by guardians whereby real is substituted by personal, or personal by real property, the beneficial interest in the property acquired shall be enjoyed, alienated, or devised and shall descend and be distributed, as by law the property sold might and would have been had it not been sold, until it be reconverted from the character thus impressed upon it by some act of the owner and restored to its character proper. (1987, c. 550, s. 1; 2011-284, s. 38.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 14 - Sale, Mortgage, Exchange or Lease of Ward's Estate. › § 35A-1305 - When timber may be sold.

§ 35A-1305. When timber may be sold.
In case the land cannot be rented for enough to pay the taxes and other dues thereof, and there is not money sufficient for that purpose, the guardian, with the consent of the clerk, may annually dispose of or use so much of the lightwood, and box or rent so many pine trees, or sell so much of the timber on the same, as may raise enough to pay the taxes and other duties thereon, and no more. In addition, the guardian, with the consent of the clerk, may annually dispose of, use, or sell so much of the timber as is necessary to maintain good forestry practices. (1987, c. 550, s. 1.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 14 - Sale, Mortgage, Exchange or Lease of Ward's Estate. › § 35A-1306 - Abandoned incompetent spouse.

§ 35A-1306. Abandoned incompetent spouse.
(a) A guardian of a married person found incompetent who has been abandoned, whether the guardian was appointed before or after the abandonment, may initiate a special proceeding before the clerk having jurisdiction over the ward requesting the issuance of an order authorizing the sale of the ward's separate real property without the joinder of the abandoning spouse.
(b) The ward's spouse shall be served with notice of the special proceeding in accordance with G.S. 1A-1, Rule 4.
(c) If the clerk finds:
(1) That the spouse of the ward has willfully and without just cause abandoned the ward for a period of more than one year; and
(2) That the spouse of the ward has knowledge of the guardianship, or that the guardian has made a reasonable attempt to notify the spouse of the guardianship; and
(3) That an order authorizing the sale of the separate real property of the ward is in the best interest of the ward;
the clerk may issue such an order thereby barring the abandoning spouse from all right, title and interest in any of the ward's separate real property sold pursuant to such an order. (1987, c. 550, s. 1.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 14 - Sale, Mortgage, Exchange or Lease of Ward's Estate. › § 35A-1307 - Spouse of incompetent husband or wife entitled to special proceeding for sale of real property.

§ 35A-1307. Spouse of incompetent husband or wife entitled to special proceeding for sale of real property.
Every married person whose husband or wife is adjudged incompetent and is confined in a mental hospital or other institution in this State, and who was living with the incompetent spouse at the time of commitment shall, if he or she be in needy circumstances, have the right to bring a special proceeding before the clerk to sell the real property of the incompetent spouse, or so much thereof as is deemed expedient, and have the proceeds applied for support: Provided, that said proceeding shall be approved by the judge of the superior court holding the courts of the superior court district or set of districts as defined in G.S. 7A-41.1 where the said property is situated. When the deed of the commissioner appointed by the court, conveying the lands belonging to the incompetent spouse is executed, probated, and registered, it conveys a good and indefeasible title to the purchaser. (1987, c. 550, s. 1; 1987 (Reg. Sess., 1988), c. 1037, s. 83; 1989, c. 473, s. 8.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 15 - Mortgage or Sale of Estates Held by the Entireties. › § 35A-1310 - Where one spouse or both incompetent; special proceeding before clerk.

§ 35A-1310. Where one spouse or both incompetent; special proceeding before clerk.
In all cases where a husband and wife shall be seized of property as an estate by the entireties, and the wife or the husband or both shall be or become mentally incompetent to execute a conveyance of the estate so held, and the interest of said parties shall make it necessary or desirable that such property be mortgaged or sold, it shall be lawful for the mentally competent spouse and/or the guardian of the mentally incompetent spouse, and/or the guardians of both (where both are mentally incompetent) to file a petition with the clerk of the superior court in the county where the lands are located, setting forth all facts relative to the status of the owners, and showing the necessity or desirability of the sale or mortgage of said property, and the clerk, after first finding as a fact that either the husband or wife, or both, are mentally incompetent, shall have power to authorize the interested parties and/or their guardians to execute a mortgage, deed of trust, deed, or other conveyance of such property, provided it shall appear to said clerk's satisfaction that same is necessary or to the best advantage of the parties, and not prejudicial to the interest of the mentally incompetent spouse. All petitions filed under the authority of this section shall be filed in the office of the clerk of the superior court of the county where the real estate or any part of same is situated. (1935, c. 59, s. 1; 1945, c. 426, s. 5; c. 1084, s. 5.; 1987, c. 550, s. 2.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 15 - Mortgage or Sale of Estates Held by the Entireties. › § 35A-1311 - General law applicable; approved by judge.

§ 35A-1311. General law applicable; approved by judge.
The proceedings herein provided for shall be conducted under and shall be governed by laws pertaining to special proceedings, and it shall be necessary for any sale or mortgage or other conveyance herein authorized to be approved by a superior court judge who has jurisdiction pursuant to G.S. 7A-47.1 or G.S. 7A-48 in the district or set of districts as defined in G.S. 7A-41.1 wherein the property or any part of same is located. (1935, c. 59, s. 2; 1945, c. 426, s. 6; 1987, c. 550, s. 2; 1987 (Reg. Sess., 1988), c. 1037, s. 84.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 15 - Mortgage or Sale of Estates Held by the Entireties. › § 35A-1312 - Proceeding valid in passing title.

§ 35A-1312. Proceeding valid in passing title.
Any mortgage, deed, or deed of trust executed under authority of this Article by a regularly conducted special proceeding as provided shall have the force and effect of passing title to said property to the same extent as a deed executed jointly by husband and wife, where both are mentally capable of executing a conveyance. (1935, c. 59, s. 3; 1987, c. 550, s. 2.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 15 - Mortgage or Sale of Estates Held by the Entireties. › § 35A-1313 - Clerk may direct application of funds; purchasers and mortgagees protected.

§ 35A-1313. Clerk may direct application of funds; purchasers and mortgagees protected.
In all cases conducted under this Article it shall be competent for the court, in its discretion, to direct the application of funds arising from a sale or mortgage of such property in such manner as may appear necessary or expedient for the protection of the interest of the mentally incompetent spouse: Provided, however, this section shall not be construed as requiring a purchaser or any other party advancing money on the property to see to the proper application of such money, but such purchaser or other party shall acquire title unaffected by the provisions of this section. (1935, c. 59, s. 4; 1987, c. 550, s. 2.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 15 - Mortgage or Sale of Estates Held by the Entireties. › § 35A-1314 - Prior sales and mortgages validated.

§ 35A-1314. Prior sales and mortgages validated.
Any and all special proceedings under which estates by the entireties have been sold or mortgaged prior to March 5, 1935, under circumstances contemplated in this Article are hereby in all respects ratified and confirmed, provided that such proceeding or proceedings are otherwise regular and conformable to law. (1935, c. 59, s. 5; 1987, c. 550, s. 2.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 16 - Surplus Income and Advancements. › § 35A-1321 - Advancement of surplus income to certain relatives.

§ 35A-1321. Advancement of surplus income to certain relatives.
When any incompetent person, of full age, and not having made a valid will, has children or grandchildren (such grandchildren being the issue of a deceased child), and is possessed of an estate, real or personal, whose annual income is more than sufficient abundantly and amply to support himself, and to support, maintain and educate the members of his family, with all the necessaries and suitable comforts of life, it is lawful for the clerk of the superior court for the county in which such person has his residence to order from time to time, and so often as may be judged expedient, that fit and proper advancements be made, out of the surplus of such income, to any such child, or grandchild, not being a member of his family and entitled to be supported, educated and maintained out of the estate of such person. Whenever any incompetent person of full age, not being married and not having issue, be possessed, or his guardian be possessed for him, of any estate, real or personal, or of an income which is more than sufficient amply to provide for such person, it shall be lawful for the clerk of the superior court for the county in which such person resided prior to incompetency to order from time to time, and so often as he may deem expedient, that fit and proper advancements be made, out of the surplus of such estate or income, to his or her parents, brothers and sisters, or grandparents to whose support, prior to his incompetency, he contributed in whole or in part. (R.C., c. 57, s. 9; Code, s. 1677; Rev., s. 1900; C.S., s. 2296; Ex. Sess. 1924, c. 93; 1971, c. 528, s. 32; 1977, c. 725, s. 5; 1987, c. 550, s. 3.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 16 - Surplus Income and Advancements. › § 35A-1322 - Advancement to adult child or grandchild.

§ 35A-1322. Advancement to adult child or grandchild.
When such incompetent person is possessed of a real or personal estate in excess of an amount more than sufficient to abundantly and amply support himself with all the necessaries and suitable comforts of life and has no minor children nor immediate family dependent upon him for support, education or maintenance, such advancements may be made out of such excess of the principal of his estate to such child or grandchild of age for the better promotion or advancement in life or in business of such child or grandchild: Provided, that the order for such advancement shall be approved by the resident or presiding judge of the district who shall find the facts in said order of approval. (1925, c. 136, s. 1; 1977, c. 725, s. 5; 1987, c. 550, s. 3.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 16 - Surplus Income and Advancements. › § 35A-1323 - For what purpose and to whom advanced.

§ 35A-1323. For what purpose and to whom advanced.
Such advancements shall be ordered only for the better promotion in life of such as are of age, or married, and for the maintenance, support and education of such as are under the age of 21 years and unmarried; and in all cases the sums ordered shall be paid to such persons as, in the opinion of the clerk, will most effectually execute the purpose of the advancement. (R.C., c. 57, s. 10; Code, s. 1678; Rev., s. 1901; C.S., s. 2297; 1987, c. 550, s. 3.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 16 - Surplus Income and Advancements. › § 35A-1324 - Distributees to be parties to proceeding for advancements.

§ 35A-1324. Distributees to be parties to proceeding for advancements.
In every application for such advancements, the guardian of the incompetent person and all such other persons shall be parties as would at that time be entitled to a distributive share of his estate if he were then dead. (R.C., c. 57, s. 11; Code, s. 1679; Rev., s. 1902; C.S., s. 2298; 1977, c. 725, s. 5; 1987, c. 550, s. 3.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 16 - Surplus Income and Advancements. › § 35A-1325 - Advancements to be equal; accounted for on death.

§ 35A-1325. Advancements to be equal; accounted for on death.
The clerk, in ordering such advancements, shall, as far as practicable, so order the same as that, on the death of the incompetent person, his estate shall be distributed among his distributees in the same equal manner as if the advancements had been made by the person himself; and on his death every sum advanced to a child or grandchild shall be an advancement, and shall bear interest from the time it may be received. (R.C., c. 57, s. 12; Code, s. 1680; Rev., s. 1903; C.S., s. 2299; 1977, c. 725, s. 5; 1987, c. 550, s. 3.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 16 - Surplus Income and Advancements. › § 35A-1326 - Advancements to those most in need.

§ 35A-1326. Advancements to those most in need.
When the surplus aforesaid or advancement from the principal estate is not sufficient to make distribution among all the parties, the clerk may select and decree advancement to such of them as may most need the same, and may apportion the sum decreed in such amounts as are expedient and proper. (R.C., c. 57, s. 13; Code, s. 1681; Rev., s. 1904; C.S., s. 2300; 1925, c. 136, s. 2; 1987, c. 550, s. 3.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 16 - Surplus Income and Advancements. › § 35A-1327 - Advancements to be secured against waste.

§ 35A-1327. Advancements to be secured against waste.
It is the duty of the clerk to withhold advancements from such persons as will probably waste them, or so to secure the same, when they may have families, that it may be applied to their support and comfort; but any sum so advanced shall be regarded as an advancement to such persons. (R.C., c. 57, s. 14; Code, s. 1682; Rev., s. 1905; C.S., s. 2301; 1987, c. 550, s. 3.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 16 - Surplus Income and Advancements. › § 35A-1328 - Appeal; removal to superior court.

§ 35A-1328. Appeal; removal to superior court.
Any person made a party may appeal from any order of the clerk; or may, when the pleadings are finished, require that all further proceedings shall be had in the superior court. (R.C., c. 57, s. 15; Code, s. 1683; Rev., s. 1906; C.S., s. 2302; 1987, c. 550, s. 3.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 16 - Surplus Income and Advancements. › § 35A-1329 - Advancements only when incompetence permanent.

§ 35A-1329. Advancements only when incompetence permanent.
No such application shall be allowed under this Article but in cases of such permanent and continued incompetence as that the incompetent person shall be judged by the clerk to be incapable, notwithstanding any lucid intervals, to make advancements with prudence and discretion. (R.C., c. 57, s. 16; Code, s. 1684; Rev., s. 1907; C.S., s. 2303; 1987, c. 550, ss. 3, 3.1.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 16 - Surplus Income and Advancements. › § 35A-1330 - Orders suspended upon restoration of competence.

§ 35A-1330. Orders suspended upon restoration of competence.
Upon such incompetent person's being restored to competence, every order made for advancements shall cease to be further executed, and his estate shall be discharged of the same. (R.C., c. 57, s. 17; Code, s. 1685; Rev., s. 1908; C.S., s. 2304; 1987, c. 550, ss. 3, 3.2.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 17 - Gifts from Income for Certain Purposes. › § 35A-1335 - Gifts authorized with approval of judge of superior court.

§ 35A-1335. Gifts authorized with approval of judge of superior court.
With the approval of the resident judge of the superior court of the district in which the guardian was appointed, upon a duly verified petition the guardian of a person judicially declared to be incompetent may, from the income of the incompetent, make gifts to the State of North Carolina, its agencies, counties or municipalities, or to the United States or its agencies or instrumentalities, or for religious, charitable, literary, scientific, historical, medical or educational purposes, or to individuals including the guardian. References in this Article to the "guardian" include any Trustee appointed by the court under prior law as fiduciary for the incompetent ward's estate. (1963, c. 111, s. 1; 1987, c. 550, s. 4; 1999-270, s. 1.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 17 - Gifts from Income for Certain Purposes. › § 35A-1336 - Prerequisites to approval by judge of gifts for governmental or charitable purposes.

§ 35A-1336. Prerequisites to approval by judge of gifts for governmental or charitable purposes.
The judge shall not approve gifts from income for governmental or charitable purposes unless it appears to the judge's satisfaction that all of the following apply:
(1) After making the gifts and the payment of federal and State income taxes, the remaining income of the incompetent will be reasonable and adequate to provide for the support, maintenance, comfort and welfare of the incompetent and those legally entitled to support from the incompetent in order to maintain the incompetent and those dependents in the manner to which the incompetent and those dependents are accustomed and in keeping with their station in life.
(2) Each donee is a donee to which a competent donor could make a gift, without limit as to amount, without incurring federal or State gift tax liability.
(3) Each donee is a donee qualified to receive tax deductible gifts under federal and State income tax laws.
(4) The aggregate of the gifts does not exceed the percentage of income fixed by federal law as the maximum deduction allowable for the gifts in computing federal income tax liability. (1963, c. 111, s. 2; 1987, c. 550, s. 4; 1999-270, s. 2.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 17 - Gifts from Income for Certain Purposes. › § 35A-1336.1 - Prerequisites to approval by judge of gifts to individuals.

§ 35A-1336.1. Prerequisites to approval by judge of gifts to individuals.
The judge shall not approve gifts from income to individuals unless it appears to the judge's satisfaction that both the following requirements are met:
(1) After making the gifts and paying federal and State income taxes, the remaining income of the incompetent will be reasonable and adequate to provide for the support, maintenance, comfort, and welfare of the incompetent and those legally entitled to support from the incompetent in order to maintain the incompetent and those dependents in the manner to which the incompetent and those dependents are accustomed and in keeping with their station in life;
(2) The judge determines that either:
a. The incompetent, prior to being declared incompetent, executed a paper-writing with the formalities required by the laws of North Carolina for the execution of a valid will, including a paper-writing naming as beneficiary a revocable trust created by the incompetent, and each donee is entitled to one or more specific devises, or distributions of specific amounts of money, income, or property under the paper-writing or the revocable trust or both or is a residuary devisee or beneficiary designated in the paper-writing or revocable trust or both; or
b. That so far as is known the incompetent has not, prior to being declared incompetent, executed a will which could be probated upon the death of the incompetent, and each donee is a person who would share in the incompetent's estate, if the incompetent died contemporaneously with the signing of the order of the approval of the gifts; or
c. The donee is the spouse, parent, descendent of the incompetent, or descendant of the incompetent's parent, and the gift qualifies either for the federal annual gift tax exclusion under section 2503(b) of the Internal Revenue Code or is a qualified transfer for tuition or medical expenses under section 2503(e) of the Internal Revenue Code.
The judge may order that the gifts be made in cash or in specific assets and may order that the gifts be made outright, in trust, under the North Carolina Uniform Transfers to Minors Act, under the North Carolina Uniform Custodial Trust Act, or otherwise. The judge may also order that the gifts be treated as an advancement of some or all of the amount the donee would otherwise receive at the incompetent's death. (1999-270, s. 3; 2011-284, s. 39; 2013-91, s. 3(c).)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 17 - Gifts from Income for Certain Purposes. › § 35A-1337 - Fact that incompetent had not previously made similar gifts.

§ 35A-1337. Fact that incompetent had not previously made similar gifts.
The judge shall not withhold his approval merely because the incompetent, prior to becoming incompetent, had not made gifts to the same donees or other gifts similar in amount or type. (1963, c. 111, s. 3; 1987, c. 550, s. 4.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 17 - Gifts from Income for Certain Purposes. › § 35A-1338 - Validity of gift.

§ 35A-1338. Validity of gift.
A gift made with the approval of the judge under the provisions of this Article shall be deemed a gift by the incompetent and shall be as valid in all respects as if made by a competent person. (1963, c. 111, s. 4; 1987, c. 550, s. 4.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 18 - Gifts from Principal for Certain Purposes. › § 35A-1340 - Gifts authorized with approval of judge of superior court.

§ 35A-1340. Gifts authorized with approval of judge of superior court.
With the approval of the resident judge of the superior court of the district in which the guardian was appointed upon a duly verified petition, the guardian of a person judicially declared to be incompetent may, from the principal of the incompetent's estate, make gifts to the State of North Carolina, its agencies, counties or municipalities, or the United States or its agencies or instrumentalities, or for religious, charitable, literary, scientific, historical, medical or educational purposes, or to individuals including the guardian. The incompetent's estate shall consist of all assets owned by the incompetent, including nonprobate assets. For purposes of this Article, nonprobate assets are those which would not be distributable in accordance with the incompetent's valid probated will or the provisions of Chapter 29 at the incompetent's death. The incompetent's nonprobate estate would include nonprobate assets only. References in this Article to the "guardian" include any Trustee appointed by the court under prior law as fiduciary for the incompetent ward's estate. (1963, c. 112, s. 1; 1987, c. 550, s. 5; 1999-270, s. 4.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 18 - Gifts from Principal for Certain Purposes. › § 35A-1342 - Who deemed specific and residuary devisees of incompetent under § 35A-1341.

§ 35A-1342. Who deemed specific and residuary devisees of incompetent under § 35A-1341.
For purposes of G.S. 35A-1341(6)a and G.S. 35A-1341.1(4) and (5), if the paper-writing provides for the residuary estate to be placed in trust for a term of years, or if the paper-writing names as beneficiary a revocable trust created by the incompetent, and the trust or trusts include dispositive provisions which provide that assets continue in trust for a term of years with stated amounts of income payable to designated beneficiaries during the term and stated amounts payable to designated beneficiaries upon termination of the trust or trusts, the designated beneficiaries shall be deemed to be specific devisees and beneficiaries and those taking the remaining income of the trust or trusts and, at the end of the term, the remaining principal shall be deemed to be residuary devisees and beneficiaries who would take under the paper-writing or revocable trust or both if the incompetent died contemporaneously with the signing of the order of approval of the gifts. In no case shall any prospective executor or trustee be considered either a specific or residuary devisee or beneficiary on the sole basis of prospective service as executor or trustee. (1963, c. 112, s. 3; 1987, c. 550, s. 5; 1999-270, s. 7; 2011-284, s. 42.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 18 - Gifts from Principal for Certain Purposes. › § 35A-1343 - Notice to minors and incompetents under § 35A-1341 and § 35A-1341.1.

§ 35A-1343. Notice to minors and incompetents under § 35A-1341 and § 35A-1341.1.
If any person, to whom notice must be given under the provisions of G.S. 35A-1341 and G.S. 35A-1341.1 is a minor or is incompetent, or is an unborn or unascertained beneficiary, then the notice shall be given to his duly appointed guardian or other duly appointed representative: Provided, that if a minor, incompetent, unborn, or unascertained beneficiary has no guardian or representative, then a guardian ad litem shall be appointed by the judge and the guardian ad litem shall be given the notice herein required. (1963, c. 112, s. 4; 1987, c. 550, s. 5; 1999-270, s. 8.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 18 - Gifts from Principal for Certain Purposes. › § 35A-1344 - Objections to proposed gift; fact that incompetent had previously made similar gifts.

§ 35A-1344. Objections to proposed gift; fact that incompetent had previously made similar gifts.
If any objection is filed by one to whom notice has been given under the terms of this Article, the clerk shall bring it to the attention of the judge, who shall hear the same, and determine the validity and materiality of such objection and make his order accordingly. If no such objection is filed, the judge shall include a finding to that effect in such order as he may make. The judge shall not withhold his approval merely because the incompetent, prior to becoming incompetent, had not made gifts to the same donees or other gifts similar in amount or type. (1963, c. 112, s. 5; 1987, c.550, s. 5.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 18 - Gifts from Principal for Certain Purposes. › § 35A-1345 - Validity of gift.

§ 35A-1345. Validity of gift.
A gift made with the approval of the judge under the provisions of this Article shall be deemed to be a gift made by the incompetent, and shall be as valid in all respects as if made by a competent person. (1963, c. 112, s. 6; 1987, c. 550, s. 5.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 19 - Declaring Revocable Trust Irrevocable and Making Gift of Incompetent's Life Interest Therein. › § 35A-1350 - Declaration and gift for certain purposes authorized with approval of judge of superior court.

§ 35A-1350. Declaration and gift for certain purposes authorized with approval of judge of superior court.
When a person has created a revocable trust, reserving the income for life, and thereafter has been judicially declared to be incompetent, the guardian or trustee of such incompetent, with the approval of the resident judge of the superior court of the district in which he was appointed, upon a duly verified petition may declare the trust to be irrevocable and make a gift of the life interest of the incompetent to the State of North Carolina, its agencies, counties or municipalities, or to the United States or its agencies or instrumentalities, or for religious, charitable, literary, scientific, historical, medical or educational purposes. (1963, c. 113, s. 1; 1987, c. 550, s. 6.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 19 - Declaring Revocable Trust Irrevocable and Making Gift of Incompetent's Life Interest Therein. › § 35A-1351 - Prerequisites to approval of gift.

§ 35A-1351. Prerequisites to approval of gift.
The judge shall not approve the gift unless it appears to the judge's satisfaction that:
(1) It is improbable that the incompetent will recover competency during his or her lifetime;
(2) The estate of the incompetent, after making the gift and after payment of any gift taxes which may be incurred by reason of the declaration of irrevocability, will be sufficient to provide reasonable and adequate income for the support, maintenance, comfort and welfare of the incompetent and those legally entitled to support from the incompetent in order to maintain the incompetent and such dependents in the manner to which the incompetent and such dependents are accustomed and in keeping with their station in life (and in no event less than twice the average, for the five calendar years preceding the calendar year of such gift, of expenditures for the incompetent's support, maintenance, comfort and welfare);
(3) Each donee of any part of the life interest is a donee to which a competent donor could make a gift, without limit as to amount, without incurring federal or State gift tax liability;
(4) Each donee of any part of the life interest is a donee qualified to receive tax deductible gifts under federal and State income tax laws.
(5) Either:
a. 1. The incompetent, prior to being declared incompetent, executed a paper-writing, with the formalities required by the laws of North Carolina for the execution of a valid will;
2. Specific devises of specific amounts of money, income or property included in such paper-writing, will not be jeopardized by making such gifts;
3. All residuary devisees designated in such paper-writing, who would take under the paper-writing if the incompetent died contemporaneously with the signing of the order of approval of such gifts, and such paper-writing was probated as the incompetent's will and the spouse, if any, of such incompetent have been given at least 10 days' written notice that approval for such gifts will be sought and that objection may be filed with the clerk of superior court, of the county in which the guardian or trustee was appointed, within the 10-day period; or
b. 1. That so far as is known the incompetent has not prior to being declared incompetent, executed a will which could be probated upon the death of the incompetent; and
2. All persons who would share in the incompetent's estate, if the incompetent died contemporaneously with the signing of the order of approval, have been given at least 10 days' written notice that approval for such gifts will be sought and that objection may be filed with the clerk of the superior court, of the county in which the guardian or trustee was appointed, within the 10-day period. (1963, c. 113, s. 2; 1987, c. 550, s. 6; 2011-284, s. 43.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 19 - Declaring Revocable Trust Irrevocable and Making Gift of Incompetent's Life Interest Therein. › § 35A-1352 - Who deemed specific and residuary devisees of incompetent under § 35A-1351.

§ 35A-1352. Who deemed specific and residuary devisees of incompetent under § 35A-1351.
For purposes of G.S. 35A-1351(5)a. of this Article, if such paper-writing provides for the residuary estate to be placed in trust for a term of years, with stated amounts of income payable to designated beneficiaries during the term and stated amounts payable to designated beneficiaries upon termination of the trust, such designated beneficiaries shall be deemed to be specific devisees and those taking the remaining income of the trust and, at the end of the term, the remaining principal shall be deemed to be residuary devisees who would take under the paper-writing if the incompetent died contemporaneously with the signing of the order of approval of such gifts. In no case shall any prospective executor or trustee be considered either a specific or residuary devisee. (1963, c. 113, s. 3; 1987, c. 550, s. 6; 2011-284, s. 44.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 19 - Declaring Revocable Trust Irrevocable and Making Gift of Incompetent's Life Interest Therein. › § 35A-1353 - Notice to minors and incompetents under § 35A-1351.

§ 35A-1353. Notice to minors and incompetents under § 35A-1351.
If any person, to whom notice must be given under the provisions of G.S. 35A-1351(5) of this Article, is a minor or is incompetent, then the notice shall be given to his duly appointed guardian or other duly appointed representative: Provided, that if a minor or incompetent has no such guardian or representative, then a guardian ad litem shall be appointed by the judge and such guardian ad litem shall be given the notice herein required. (1963, c. 113, s. 4; 1987, c. 550, s. 6.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 19 - Declaring Revocable Trust Irrevocable and Making Gift of Incompetent's Life Interest Therein. › § 35A-1354 - Objections to proposed declaration and gift; fact that incompetent had not previously made similar gifts.

§ 35A-1354. Objections to proposed declaration and gift; fact that incompetent had not previously made similar gifts.
If any objection is filed by one to whom notice has been given under the terms of this Article, the clerk shall bring it to the attention of the judge, who shall hear the same, and determine the validity and materiality of such objection and make his order accordingly. If no such objection is filed, the judge shall include a finding to that effect in such order as he may make. The judge shall not withhold his approval merely because the incompetent, prior to becoming incompetent, had not made gifts to the same donees or other gifts similar in amount or type. (1963, c. 113, s. 5; 1987, c. 550, s. 6.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 19 - Declaring Revocable Trust Irrevocable and Making Gift of Incompetent's Life Interest Therein. › § 35A-1355 - Validity of declaration and gift.

§ 35A-1355. Validity of declaration and gift.
Such declaration and gift, when made with the approval of the judge and under the provisions of this Article, shall be deemed to be the declaration and gift of the incompetent and shall be as valid in all respects as if made by a competent person. (1963, c. 113, s. 6; 1987, c. 550, s. 6.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 20 - Guardians' Deeds Validated When Seal Omitted. › § 35A-1360 - Deeds by guardians omitting seal, prior to January 1, 1944, validated.

§ 35A-1360. Deeds by guardians omitting seal, prior to January 1, 1944, validated.
All deeds executed prior to the first day of January, 1944, by any guardian, acting under authority obtained by him from the superior court as required by law, in which the guardian has omitted to affix his seal after his signature and/or has omitted to affix the seal after the signature of his ward shall be good and valid, and shall pass the title to the land which the guardian was authorized to convey: Provided, however, this section shall not apply to any pending litigation. (1947, c. 531; 1987, c. 550, s. 9.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 20 - Guardians' Deeds Validated When Seal Omitted. › § 35A-1361 - Certain private sales validated.

§ 35A-1361. Certain private sales validated.
All private sales of real and personal property made by a guardian under Article 4 of this Chapter before June 1, 1985, that, under G.S. 1-339.36, should have been conducted as public sales because an upset bid was submitted, are validated to the same extent as if the guardian had complied with the procedures for a public sale. (1985, c. 654, s. 1(2); 1987, c. 550, s. 9).
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 21 - Standby Guardianship. › § 35A-1371 - Jurisdiction; limits.

§ 35A-1371. Jurisdiction; limits.
Notwithstanding the provisions of Subchapter II of this Chapter, the clerk of superior court shall have original jurisdiction for the appointment of a standby guardian for a minor child under this Article. Provided that the clerk shall have no jurisdiction, no standby guardian may be appointed under this Article, and no designation may become effective under this Article when a district court has assumed jurisdiction over the minor child in an action under Chapter 50 of the General Statutes or in an abuse, neglect, or dependency proceeding under Subchapter I of Chapter 7B of the General Statutes, or when a court in another state has assumed such jurisdiction under a comparable statute. (1995, c. 313, s. 1; 1998-202, s. 13(g).)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 21 - Standby Guardianship. › § 35A-1372 - Standby guardianship; applicability.

§ 35A-1372. Standby guardianship; applicability.
This Article provides two methods for appointing a standby guardian: by petition pursuant to G.S. 35A-1373 or by designation pursuant to G.S. 35A-1374. If a standby guardian is unwilling or unable to serve as a standby guardian and the designator or petitioner has identified an alternate standby guardian, then the alternate standby guardian shall become the standby guardian, upon the same conditions as set forth in this Article. (1995, c. 313, s. 1.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 21 - Standby Guardianship. › § 35A-1375 - Determination of incapacity or debilitation.

§ 35A-1375. Determination of incapacity or debilitation.
(a) If requested by the petitioner, designator, or standby guardian, an attending physician shall make a determination regarding the incapacity or debilitation of the petitioner or designator for purposes of this Article.
(b) A determination of incapacity or debilitation shall:
(1) Be made by the attending physician to a reasonable degree of medical certainty;
(2) Be in writing; and
(3) Contain the attending physician's opinion regarding the cause and nature of the incapacity or debilitation, as well as its extent and probable duration.
(c) The attending physician shall provide a copy of the determination of incapacity or debilitation to the standby guardian, if the standby guardian's identity is known to the physician.
(d) The standby guardian shall ensure that the petitioner or designator is informed of the commencement of the standby guardian's authority as a result of a determination of incapacity or debilitation and of the possibility of a future suspension of the standby guardian's authority pursuant to G.S. 35A-1376. (1995, c. 313, s. 1.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 21 - Standby Guardianship. › § 35A-1376 - Restoration of capacity or ability; suspension of guardianship.

§ 35A-1376. Restoration of capacity or ability; suspension of guardianship.
In the event that the authority of the standby guardian becomes effective upon the receipt of a determination of incapacity or debilitation and the petitioner or designator is subsequently restored to capacity or ability to care for the child, the authority of the standby guardian based on that incapacity or debilitation shall be suspended. The attending physician shall provide a copy of the determination of restored capacity or ability to the standby guardian, if the identity of the standby guardian is known to the attending physician. If an order appointing the standby guardian as guardian of the person or general guardian of the minor child or incompetent adult has been entered, the standby guardian shall, and the petitioner or designator may, file a copy of the determination of restored capacity or ability in the office of the clerk who entered the order. A determination of restored capacity or ability shall:
(1) Be made by the attending physician to a reasonable degree of medical certainty;
(2) Be in writing; and
(3) Contain the attending physician's opinion regarding the cause and nature of the parent's or legal guardian's restoration to capacity or ability.
Any order appointing the standby guardian as guardian of the person or general guardian of the minor child or incompetent adult shall remain in full force and effect, and the authority of the standby guardian shall recommence upon the standby guardian's receipt of a subsequent determination of the petitioner's or designator's incapacity, pursuant to G.S. 35A-1373(j), or upon the standby guardian's receipt of a subsequent determination of debilitation pursuant to G.S. 35A-1373(k), or upon the receipt of proof of death of the petitioner or designator, or upon the written consent of the petitioner or designator, pursuant to G.S. 35A-1373(l). (1995, c. 313, s. 1; 2015-205, s. 1.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 21 - Standby Guardianship. › § 35A-1377 - Authority concurrent to parental rights.

§ 35A-1377. Authority concurrent to parental rights.
The commencement of the standby guardian's authority pursuant to a determination of incapacity, determination of debilitation, or written consent shall not itself divest the petitioner or designator of any parental or guardianship rights, but shall confer upon the standby guardian concurrent authority with respect to the minor child. (1995, c. 313, s. 1.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 21 - Standby Guardianship. › § 35A-1378 - Powers and duties.

§ 35A-1378. Powers and duties.
A standby guardian designated pursuant to G.S. 35A-1374 and a guardian of the person or general guardian appointed pursuant to this Article have all of the powers, authority, duties, and responsibilities of a guardian appointed pursuant to Subchapter II of this Chapter. (1995, c. 313, s. 1.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 21 - Standby Guardianship. › § 35A-1379 - Appointment of guardian ad litem.

§ 35A-1379. Appointment of guardian ad litem.
(a) The clerk may appoint a volunteer guardian ad litem, if available, to represent the best interests of the minor child or incompetent adult and, where appropriate, express the wishes of the minor child or incompetent adult.
(b) The duties of the guardian ad litem, when appointed, shall be to make an investigation to determine the facts, the needs of the minor child or incompetent adult and the available resources within the family to meet those needs, and to protect and promote the best interests of the minor child or incompetent adult until formally relieved of the responsibility by the clerk.
(c) The court may order the guardian ad litem to conduct an investigation to determine the fitness of the intended standby guardian and alternate standby guardian, if any, to perform the duties of standby guardian. (1995, c. 313, s. 1; 2015-205, s. 1.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 21 - Standby Guardianship. › § 35A-1380 - Bond.

§ 35A-1380. Bond.
The bond requirements of Article 7 of this Chapter shall apply to a guardian of the person or general guardian appointed pursuant to G.S. 35A-1373 or G.S. 35A-1374, provided that: (i) the clerk need not require a bond if the bond requirement is waived in writing by the petitioner or designator; and (ii) a general guardian appointed pursuant to G.S. 35A-1373 shall not be required to furnish a bond until a triggering event has occurred. (1995, c. 313, s. 1.)
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 21 - Standby Guardianship. › § 35A-1381 - Accounting.

§ 35A-1381. Accounting.
The accounting requirements of Article 10 of this Chapter apply to a general guardian appointed pursuant to this Article. (1995, c. 313, s. 1.)