reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 35A - Incompetency and Guardianship › Article 21 - Standby Guardianship. › § 35A-1382 - Termination.

§ 35A-1382. Termination.
(a) Any standby guardianship created under this Article shall continue until:
(1) If the ward is a minor child, the child reaches 18 years of age unless sooner terminated by order of the clerk who entered the order appointing the standby guardian.
(2) Revocation pursuant to this Article.
(3) Renunciation pursuant to this Article.
(b) A standby guardianship shall terminate, and the authority of the standby guardian designated pursuant to G.S. 35A-1374 or of a guardian of the person or general guardian appointed pursuant to this Article shall cease, upon the entry of an order of the district court granting custody of the minor child to any other person. (1995, c. 313, s. 1; 2015-205, s. 1.)
2023 North Carolina General Statutes › Chapter 35B - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 1 - General Provisions. › § 35B-1 - Short title and legislative purpose.

§ 35B-1. Short title and legislative purpose.
(a) This Chapter may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
(b) The General Assembly of North Carolina finds that there is ambiguity in the law with respect to jurisdiction in guardianship proceedings when more than one state is involved. In order to clarify these jurisdictional concerns and provide the best possible support and protection for incapacitated adults, the Uniform Laws Commission developed the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA) for consideration by the states. The majority of states have adopted UAGPPJA, and North Carolina's guardianship system would be enhanced by adopting a version of UAGPPJA.
(c) The purpose of this legislation is to provide clear direction to the courts, attorneys, guardians, and individuals about the proper jurisdiction for guardianship proceedings. This Chapter is limited in scope to jurisdiction. The established system in North Carolina for determining incompetency, appointing guardians, and managing estates as governed by Chapter 35A of the North Carolina General Statutes is not affected by this new Chapter.
(d) The public policy goals are as follows:
(1) To ensure that jurisdiction is located in one and only one state; except when an emergency exists or where the individual owns property in multiple states;
(2) To establish procedures for transferring guardianship from one state to another state when the incapacitated adult moves; and
(3) To provide a uniform national system for registration and enforcement of out-of-state guardianship orders. (2016-72, s. 1.)
2023 North Carolina General Statutes › Chapter 35B - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 1 - General Provisions. › § 35B-3 - Proceedings governed by other law.

§ 35B-3. Proceedings governed by other law.
This Chapter does not govern the following:
(1) Guardianship and guardianship proceedings pertaining to minors less than 18 years of age.
(2) Protective services proceedings pertaining to disabled and older adults pursuant to Articles 6 and 6A of Chapter 108A of the General Statutes.
(3) Domestic violence and civil no-contact proceedings under Chapters 50B and 50C of the General Statutes. (2016-72, s. 1.)
2023 North Carolina General Statutes › Chapter 35B - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 1 - General Provisions. › § 35B-4 - International application.

§ 35B-4. International application.
A court of this State may treat a foreign country as if it were a state for the purpose of applying this Article and Articles 2, 3, and 5 of this Chapter. (2016-72, s. 1.)
2023 North Carolina General Statutes › Chapter 35B - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 1 - General Provisions. › § 35B-5 - Communication between courts.

§ 35B-5. Communication between courts.
(a) A court of this State may communicate with a court in another state concerning a proceeding arising under this Chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b) of this section, the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.
(b) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record. (2016-72, s. 1.)
2023 North Carolina General Statutes › Chapter 35B - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 1 - General Provisions. › § 35B-6 - Cooperation between courts.

§ 35B-6. Cooperation between courts.
(a) In an incompetency, guardianship, or protective proceeding in this State, a court of this State may request the appropriate court of another state to do any of the following:
(1) Hold an evidentiary hearing.
(2) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state.
(3) Order that an evaluation or assessment be made of the respondent.
(4) Order any appropriate investigation of a person involved in a proceeding.
(5) Forward to the court of this State a certified copy of the transcript or other record of a hearing under subdivision (1) of this section or any other proceeding, any evidence otherwise produced under subdivision (2) of this section, and any evaluation or assessment prepared in compliance with an order under subdivision (3) or (4) of this section.
(6) Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person.
(7) Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R. § 160.103, as from time to time amended.
(b) If a court of another state in which an incompetency, guardianship, or protective proceeding is pending requests assistance of the kind provided in subsection (a) of this section, a court of this State has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request. (2016-72, s. 1.)
2023 North Carolina General Statutes › Chapter 35B - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 1 - General Provisions. › § 35B-7 - Taking testimony in another state.

§ 35B-7. Taking testimony in another state.
(a) In an incompetency, guardianship, or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this State for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.
(b) In an incompetency, guardianship, or protective proceeding, a court in this State may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this State shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to a court of this State by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule. (2016-72, s. 1.)
2023 North Carolina General Statutes › Chapter 35B - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 2 - Jurisdiction. › § 35B-15 - Definitions.

§ 35B-15. Definitions.
(a) The following definitions apply in this Article:
(1) Emergency. – A circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian of the person is necessary because no other person has authority and is willing to act on the respondent's behalf.
(2) Home state. – The state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for the adjudication of incompetence; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition for the adjudication of incompetence.
(3) Significant-connection state. – A state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.
(b) In determining under G.S. 35B-17 and G.S. 35B-30(e) whether a respondent has a significant connection with a particular state, the court shall consider:
(1) The location of the respondent's family and other persons required to be notified of the incompetency, guardianship, or protective proceeding.
(2) The length of time the respondent at any time was physically present in the state and the duration of any absence.
(3) The location of the respondent's property.
(4) The extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, drivers license, social relationship, and receipt of services. (2016-72, s. 1.)
2023 North Carolina General Statutes › Chapter 35B - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 2 - Jurisdiction. › § 35B-16 - Exclusive jurisdictional basis.

§ 35B-16. Exclusive jurisdictional basis.
This Article provides the exclusive jurisdictional basis for a court of this State to adjudicate incompetence, appoint a general guardian or guardian of the person, or issue a protective order for an adult. (2016-72, s. 1.)
2023 North Carolina General Statutes › Chapter 35B - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 2 - Jurisdiction. › § 35B-17 - Jurisdiction.

§ 35B-17. Jurisdiction.
Notwithstanding the provisions of G.S. 1-75.4(1), a court of this State has jurisdiction to adjudicate incompetence, appoint a general guardian or guardian of the person, or issue a protective order for a respondent only if:
(1) This State is the respondent's home state; or
(2) On the date the petition for the adjudication of incompetence is filed, this State is a significant-connection state and either of the following is true:
a. The respondent does not have a home state, or a court of the respondent's home state has declined to exercise jurisdiction because this State is a more appropriate forum.
b. The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order, all of the following are true:
1. A petition for an appointment or order is not filed in the respondent's home state.
2. An objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding.
3. The court in this State concludes that it is an appropriate forum under the factors set forth in G.S. 35B-20; or
(3) This State does not have jurisdiction under either subdivision (1) or (2) of this section, the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this State is the more appropriate forum, and jurisdiction in this State is consistent with the constitutions of this State and the United States; or
(4) The requirements for special jurisdiction under G.S. 35B-18 are met. (2016-72, s. 1.)
2023 North Carolina General Statutes › Chapter 35B - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 2 - Jurisdiction. › § 35B-18 - Special jurisdiction.

§ 35B-18. Special jurisdiction.
(a) A court of this State lacking jurisdiction under G.S. 35B-17 has special jurisdiction to do any of the following:
(1) Appoint a guardian of the person in an emergency for a term not exceeding 90 days for a respondent who is physically present in this State.
(2) Issue a protective order with respect to real or tangible personal property located in this State.
(3) Appoint a general guardian, guardian of the person, or guardian of the estate for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to G.S. 35B-30.
(b) If a petition for the adjudication of incompetence and application for the appointment of a guardian of the person in an emergency is brought in this State and this State was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment. (2016-72, s. 1.)
2023 North Carolina General Statutes › Chapter 35B - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 2 - Jurisdiction. › § 35B-19 - Exclusive and continuing jurisdiction.

§ 35B-19. Exclusive and continuing jurisdiction.
Except as otherwise provided in G.S. 35B-18, a court that has appointed a general guardian or guardian of the person or issued a protective order consistent with this Chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms. (2016-72, s. 1.)
2023 North Carolina General Statutes › Chapter 35B - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 2 - Jurisdiction. › § 35B-20 - Appropriate forum.

§ 35B-20. Appropriate forum.
(a) A court of this State having jurisdiction under G.S. 35B-17 to adjudicate incompetence, appoint a general guardian or a guardian of the person, or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
(b) If a court of this State declines to exercise its jurisdiction under subsection (a) of this section, it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a general guardian or guardian of the person or issuance of a protective order be filed promptly in another state.
(c) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:
(1) Any expressed preference of the respondent.
(2) Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation.
(3) The length of time the respondent was physically present in or was a legal resident of this or another state.
(4) The distance of the respondent from the court in each state.
(5) The financial circumstances of the respondent's estate.
(6) The nature and location of the evidence.
(7) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence.
(8) The familiarity of the court of each state with the facts and issues in the proceeding.
(9) If an appointment was made, the court's ability to monitor the conduct of the guardian or guardian of the estate. (2016-72, s. 1.)
2023 North Carolina General Statutes › Chapter 35B - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 2 - Jurisdiction. › § 35B-21 - Jurisdiction declined by reason of conduct.

§ 35B-21. Jurisdiction declined by reason of conduct.
(a) If at any time a court of this State determines that it acquired jurisdiction to adjudicate incompetence, appoint a general guardian or guardian of the person, or issue a protective order because of unjustifiable conduct, the court may do any of the following:
(1) Decline to exercise jurisdiction.
(2) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a general guardian or guardian of the person or issuance of a protective order is filed in a court of another state having jurisdiction.
(3) Continue to exercise jurisdiction after considering all of the following:
a. The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction.
b. Whether it is a more appropriate forum than the court of any other state under the factors set forth in G.S. 35B-20(c).
c. Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of G.S. 35B-17.
(b) If a court of this State determines that it acquired jurisdiction to adjudicate incompetence, appoint a general guardian or guardian of the person, or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorneys' fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this State or a governmental subdivision, agency, or instrumentality of this State unless authorized by law other than the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. (2016-72, s. 1.)
2023 North Carolina General Statutes › Chapter 35B - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 2 - Jurisdiction. › § 35B-22 - Notice of proceeding.

§ 35B-22. Notice of proceeding.
If a petition for the adjudication of incompetence or application for the appointment of a general guardian or guardian of the person or issuance of a protective order is brought in this State and this State was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this State, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice must be given in the same manner as notice is required to be given in this State. (2016-72, s. 1.)
2023 North Carolina General Statutes › Chapter 35B - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 2 - Jurisdiction. › § 35B-23 - Proceedings in more than one state.

§ 35B-23. Proceedings in more than one state.
Except for a petition for the appointment of a guardian of the person in an emergency or issuance of a protective order limited to property located in this State under G.S. 35B-18(a)(1) or (a)(2), if a petition for the adjudication of incompetence, appointment of a general guardian or guardian of the person, or issuance of a protective order is filed in this State and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
(1) If the court in this State has jurisdiction under G.S. 35B-17, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to G.S. 35B-17 before the appointment or issuance of the order.
(2) If the court in this State does not have jurisdiction under G.S. 35B-17, whether at the time the petition for the adjudication of incompetence is filed or at any time before the appointment or issuance of the guardianship or protective order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this State shall dismiss the petition unless the court in the other state determines that the court in this State is a more appropriate forum. (2016-72, s. 1.)
2023 North Carolina General Statutes › Chapter 35B - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 4 - Registration and Recognition of Orders From Other States. › § 35B-36 - Registration of guardianship of the person orders.

§ 35B-36. Registration of guardianship of the person orders.
If a guardian of the person has been appointed in another state and a petition for the adjudication of incompetence or an application for the appointment of a guardian of the person is not pending in this State, the guardian of the person appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship of the person order in this State by filing as a foreign judgment in a court, in any appropriate county of this State, certified copies of the order and letters of office. (2016-72, s. 1.)
2023 North Carolina General Statutes › Chapter 35B - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 4 - Registration and Recognition of Orders From Other States. › § 35B-37 - Registration of protective orders and general guardianship orders.

§ 35B-37. Registration of protective orders and general guardianship orders.
If a guardian of the estate or general guardian has been appointed in another state and a petition for the adjudication of incompetence or an application for the issuance of a protective order is not pending in this State, the guardian of the estate or general guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order or general guardianship in this State by filing as a foreign judgment in a court of this State, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond. (2016-72, s. 1.)
2023 North Carolina General Statutes › Chapter 35B - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 4 - Registration and Recognition of Orders From Other States. › § 35B-38 - Effect of registration.

§ 35B-38. Effect of registration.
(a) Upon registration of a general guardianship, guardianship of the person, or protective order from another state, the general guardian, guardian of the person, or guardian of the estate may exercise in this State all powers authorized in the order of appointment except as prohibited under the laws of this State, including maintaining actions and proceedings in this State and, if the general guardian, guardian of the person, or guardian of the estate is not a resident of this State, subject to any conditions imposed upon nonresident parties.
(b) A court of this State may grant any relief available under this Chapter and other law of this State to enforce a registered order. (2016-72, s. 1.)
2023 North Carolina General Statutes › Chapter 35B - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 5 - Miscellaneous Provisions. › § 35B-45 - Uniformity of application and construction.

§ 35B-45. Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (2016-72, s. 1.)
2023 North Carolina General Statutes › Chapter 35B - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 5 - Miscellaneous Provisions. › § 35B-46 - Relation to electronic signatures in Global and National Commerce Act.

§ 35B-46. Relation to electronic signatures in Global and National Commerce Act.
This Chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. § 7003(b). (2016-72, s. 1.)
2023 North Carolina General Statutes › Chapter 36A - Trusts and Trustees › Article 1 - Investment and Deposit of Trust Funds. › §§ 36A-1 through 36A-7: Recodified as §§ 32-70 through 32-76 by Session Laws 2005-192, s. 1, effective January 1, 2006.

Article 1.
Investment and Deposit of Trust Funds.
§§ 36A-1 through 36A-7: Recodified as §§ 32-70 through 32-76 by Session Laws 2005-192, s. 1, effective January 1, 2006.
2023 North Carolina General Statutes › Chapter 36A - Trusts and Trustees › Article 1 - Investment and Deposit of Trust Funds. › § 36A-2 - 36A-1 through 36A-7: Recodified as §§ 32-70 through 32-76 by Session Laws 2005-192, s. 1, effective January 1, 2006.

Article 1.
Investment and Deposit of Trust Funds.
§§ 36A-1 through 36A-7: Recodified as §§ 32-70 through 32-76 by Session Laws 2005-192, s. 1, effective January 1, 2006.
2023 North Carolina General Statutes › Chapter 36A - Trusts and Trustees › Article 1 - Investment and Deposit of Trust Funds. › § 36A-3 - 36A-1 through 36A-7: Recodified as §§ 32-70 through 32-76 by Session Laws 2005-192, s. 1, effective January 1, 2006.

Article 1.
Investment and Deposit of Trust Funds.
§§ 36A-1 through 36A-7: Recodified as §§ 32-70 through 32-76 by Session Laws 2005-192, s. 1, effective January 1, 2006.
2023 North Carolina General Statutes › Chapter 36A - Trusts and Trustees › Article 1 - Investment and Deposit of Trust Funds. › § 36A-4 - 36A-1 through 36A-7: Recodified as §§ 32-70 through 32-76 by Session Laws 2005-192, s. 1, effective January 1, 2006.

Article 1.
Investment and Deposit of Trust Funds.
§§ 36A-1 through 36A-7: Recodified as §§ 32-70 through 32-76 by Session Laws 2005-192, s. 1, effective January 1, 2006.
2023 North Carolina General Statutes › Chapter 36A - Trusts and Trustees › Article 1 - Investment and Deposit of Trust Funds. › § 36A-5 - 36A-1 through 36A-7: Recodified as §§ 32-70 through 32-76 by Session Laws 2005-192, s. 1, effective January 1, 2006.

Article 1.
Investment and Deposit of Trust Funds.
§§ 36A-1 through 36A-7: Recodified as §§ 32-70 through 32-76 by Session Laws 2005-192, s. 1, effective January 1, 2006.
2023 North Carolina General Statutes › Chapter 36A - Trusts and Trustees › Article 1 - Investment and Deposit of Trust Funds. › § 36A-6 - 36A-1 through 36A-7: Recodified as §§ 32-70 through 32-76 by Session Laws 2005-192, s. 1, effective January 1, 2006.

Article 1.
Investment and Deposit of Trust Funds.
§§ 36A-1 through 36A-7: Recodified as §§ 32-70 through 32-76 by Session Laws 2005-192, s. 1, effective January 1, 2006.
2023 North Carolina General Statutes › Chapter 36A - Trusts and Trustees › Article 1 - Investment and Deposit of Trust Funds. › § 36A-7 - 36A-1 through 36A-7: Recodified as §§ 32-70 through 32-76 by Session Laws 2005-192, s. 1, effective January 1, 2006.

Article 1.
Investment and Deposit of Trust Funds.
§§ 36A-1 through 36A-7: Recodified as §§ 32-70 through 32-76 by Session Laws 2005-192, s. 1, effective January 1, 2006.
2023 North Carolina General Statutes › Chapter 36A - Trusts and Trustees › Article 5 - Uniform Trusts Act. › §§ 36A-63: Recodified as § 53-163.1 by Session Laws 2005-192, s. 1, effective January 1, 2006.

§ 36A-63: Recodified as § 53-163.1 by Session Laws 2005-192, s. 1, effective January 1, 2006.
2023 North Carolina General Statutes › Chapter 36A - Trusts and Trustees › Article 5 - Uniform Trusts Act. › §§ 36A-66.1: Recodified as § 53-163.2 by Session Laws 2005-192, s. 1, effective January 1, 2006.

§ 36A-66.1: Recodified as § 53-163.2 by Session Laws 2005-192, s. 1, effective January 1, 2006.
2023 North Carolina General Statutes › Chapter 36A - Trusts and Trustees › Article 6 - Uniform Common Trust Fund Act. › §§ 36A-90 through 36A-94: Recodified as §§ 53-163.5 through 53-163.9 by Session Laws 2005-192, s. 1, effective January 1, 2006.

Article 6.
Uniform Common Trust Fund Act.
§§ 36A-90 through 36A-94: Recodified as §§ 53-163.5 through 53-163.9 by Session Laws 2005-192, s. 1, effective January 1, 2006.
2023 North Carolina General Statutes › Chapter 36A - Trusts and Trustees › Article 6 - Uniform Common Trust Fund Act. › § 36A-91 - 36A-90 through 36A-94: Recodified as §§ 53-163.5 through 53-163.9 by Session Laws 2005-192, s. 1, effective January 1, 2006.

Article 6.
Uniform Common Trust Fund Act.
§§ 36A-90 through 36A-94: Recodified as §§ 53-163.5 through 53-163.9 by Session Laws 2005-192, s. 1, effective January 1, 2006.
2023 North Carolina General Statutes › Chapter 36A - Trusts and Trustees › Article 6 - Uniform Common Trust Fund Act. › § 36A-92 - 36A-90 through 36A-94: Recodified as §§ 53-163.5 through 53-163.9 by Session Laws 2005-192, s. 1, effective January 1, 2006.

Article 6.
Uniform Common Trust Fund Act.
§§ 36A-90 through 36A-94: Recodified as §§ 53-163.5 through 53-163.9 by Session Laws 2005-192, s. 1, effective January 1, 2006.
2023 North Carolina General Statutes › Chapter 36A - Trusts and Trustees › Article 6 - Uniform Common Trust Fund Act. › § 36A-93 - 36A-90 through 36A-94: Recodified as §§ 53-163.5 through 53-163.9 by Session Laws 2005-192, s. 1, effective January 1, 2006.

Article 6.
Uniform Common Trust Fund Act.
§§ 36A-90 through 36A-94: Recodified as §§ 53-163.5 through 53-163.9 by Session Laws 2005-192, s. 1, effective January 1, 2006.
2023 North Carolina General Statutes › Chapter 36A - Trusts and Trustees › Article 6 - Uniform Common Trust Fund Act. › § 36A-94 - 36A-90 through 36A-94: Recodified as §§ 53-163.5 through 53-163.9 by Session Laws 2005-192, s. 1, effective January 1, 2006.

Article 6.
Uniform Common Trust Fund Act.
§§ 36A-90 through 36A-94: Recodified as §§ 53-163.5 through 53-163.9 by Session Laws 2005-192, s. 1, effective January 1, 2006.
2023 North Carolina General Statutes › Chapter 36C - North Carolina Uniform Trust Code › Article 1 - General Provisions and Definitions. › § 36C-1-102 - Scope.

§ 36C-1-102. Scope.
This Chapter applies to any express trust, private or charitable, with additions to the trust, wherever and however created. The term "express trust" includes both testamentary and inter vivos trusts, regardless of whether the trustee is required to account to the clerk of superior court. This Chapter also applies to any trust created for or determined by judgment or decree under which the trust is to be administered in the manner of an express trust. This Chapter does not apply to constructive trusts, resulting trusts, conservatorships, estates, Payable on Death accounts as defined in G.S. 53C-6-7, 54-109.57, 54B-130, and 54C-166, trust funds subject to G.S. 90-210.61, custodial arrangements under Chapter 33A of the General Statutes and Chapter 33B of the General Statutes, business trusts providing for certificates to be issued to beneficiaries, common trust funds, voting trusts, security arrangements, liquidation trusts, and trusts for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions, or employee benefits of any kind, or any arrangement under which a person is nominee or escrowee for another. (2005-192, s. 2; 2012-56, s. 8.)
2023 North Carolina General Statutes › Chapter 36C - North Carolina Uniform Trust Code › Article 1 - General Provisions and Definitions. › § 36C-1-104 - Knowledge.

§ 36C-1-104. Knowledge.
(a) Subject to subsection (b) of this section, a person has knowledge of a fact if the person:
(1) Has actual knowledge of it;
(2) Has received notice or notification of it; or
(3) From all the facts and circumstances known to the person at the time in question, has reason to know it.
(b) An organization that conducts activities through employees has notice or knowledge of a fact involving a trust only from the time the information was received by an employee having responsibility to act for the trust, or would have been brought to the employee's attention if the organization had exercised reasonable diligence. An organization exercises reasonable diligence if it maintains reasonable routines for communicating significant information to the employee having responsibility to act for the trust and there is reasonable compliance with the routines. Reasonable diligence does not require an employee of the organization to communicate information unless the communication is part of the employee's regular duties or the employee knows a matter involving the trust would be materially affected by the information. (2005-192, s. 2.)
2023 North Carolina General Statutes › Chapter 36C - North Carolina Uniform Trust Code › Article 1 - General Provisions and Definitions. › § 36C-1-105 - Default and mandatory rules.

§ 36C-1-105. Default and mandatory rules.
(a) Except as otherwise provided in the terms of the trust, this Chapter governs the duties and powers of a trustee and a power holder under Article 8A of this Chapter, relations among trustees and those power holders, and the rights and interests of a beneficiary.
(b) The terms of a trust prevail over any provision of this Chapter except:
(1) The requirements for creating a trust.
(2) The duty of a trustee or a power holder under Article 8A of this Chapter to act in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries, except as follows:
a. This duty is subject to G.S. 36C-8A-4 with respect to the trustee.
b. This duty does not apply to the extent the power holder is acting in a nonfiduciary capacity as provided in G.S. 36C-8A-3.
(3) The requirement that a trust and its terms be for the benefit of its beneficiaries, and that the trust have a purpose that is lawful, not contrary to public policy, and possible to achieve.
(4) The power of the court to modify or terminate a trust under G.S. 36C-4-410 through G.S. 36C-4-416.
(5) The effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in Article 5 of this Chapter.
(6) The effect of an exculpatory term under G.S. 36C-10-1008, except to the extent the power holder is acting in a nonfiduciary capacity as provided in G.S. 36C-8A-3.
(7) The rights under G.S. 36C-10-1010 through G.S. 36C-10-1013 of a person other than a trustee or beneficiary.
(8) Periods of limitation for commencing a judicial proceeding.
(9) The power of the court to take any action and exercise any jurisdiction as may be necessary in the interests of justice.
(10) The subject-matter jurisdiction of the court and venue for commencing a proceeding as provided in G.S. 36C-2-203 and G.S. 36C-2-204.
(11) The requirement that the exercise of the powers described in G.S. 36C-6-602.1(a) shall not alter the designation of beneficiaries to receive property on the settlor's death under that settlor's existing estate plan.
(12) The power of a trustee to renounce an interest in or power over property under G.S. 36C-8-816(32).
(c) Repealed by Session Laws 2021-85, s. 2(b), effective July 8, 2021, and applicable to trusts created before, on, or after that date. (2005-192, s. 2; 2007-106, s. 3; 2009-48, s. 15; 2015-205, s. 7; 2021-85, s. 2(b).)
2023 North Carolina General Statutes › Chapter 36C - North Carolina Uniform Trust Code › Article 1 - General Provisions and Definitions. › § 36C-1-106 - Common law of trusts; principles of equity.

§ 36C-1-106. Common law of trusts; principles of equity.
The common law of trusts and principles of equity supplement this Chapter, except to the extent modified by this Chapter or another statute of this State. (2005-192, s. 2.)
2023 North Carolina General Statutes › Chapter 36C - North Carolina Uniform Trust Code › Article 1 - General Provisions and Definitions. › § 36C-1-107 - Governing law.

§ 36C-1-107. Governing law.
(a) The meaning and effect of the terms of a trust are determined by any of the following:
(1) The law of the jurisdiction designated in the terms unless the designation of that jurisdiction's law is contrary to a strong public policy of the jurisdiction having the most significant relationship to the matter at issue.
(2) In the absence of a controlling designation in the terms of the trust, the law of the jurisdiction having the most significant relationship to the matter at issue.
(b) Notwithstanding subsection (a) of this section, the rights of a person other than a trustee or beneficiary are governed by G.S. 36C-10-1010 through G.S. 36C-10-1013. (2005-192, s. 2; 2007-106, s. 4.)
2023 North Carolina General Statutes › Chapter 36C - North Carolina Uniform Trust Code › Article 1 - General Provisions and Definitions. › § 36C-1-108 - Principal place of administration.

§ 36C-1-108. Principal place of administration.
(a) Without precluding other means for establishing a sufficient connection with the designated jurisdiction, terms of a trust designating the principal place of administration are valid and controlling if:
(1) A trustee's principal place of business is located in, or a trustee is a resident of, the designated jurisdiction; or
(2) All or part of the administration occurs in the designated jurisdiction.
(b) Without precluding the right of the court to order, approve, or disapprove a transfer, the trustee may transfer the trust's principal place of administration to another jurisdiction in accordance with this subsection:
(1) If the trustee is transferring the trust's principal place of administration to another state, the trustee must provide written notice of the proposed transfer to the qualified beneficiaries of the trust not less than 60 days before initiating the transfer. If no qualified beneficiary notifies the trustee of an objection to the proposed transfer on or before the date specified in the notice, the trustee may make the transfer. If a qualified beneficiary notifies the trustee of an objection to the proposed transfer on or before the date specified in the notice, the authority of the trustee to transfer the trust's principal place of administration in accordance with this section terminates.
(2) If the trustee is transferring the trust's principal place of administration to a jurisdiction outside of the United States, the trustee must provide written notice of the proposed transfer to the qualified beneficiaries of the trust, and the transfer cannot be made until the written consent of all the qualified beneficiaries is obtained.
(c) Anytime a trustee is required to provide a qualified beneficiary with written notice of a proposed transfer of a trust's principal place of administration, the notice of proposed transfer must include:
(1) The name of the jurisdiction to which the principal place of administration is to be transferred;
(2) The address and telephone number at the new location at which the trustee can be contacted;
(3) An explanation of the reasons for the proposed transfer;
(4) The date on which the proposed transfer is anticipated to occur; and
(5) If the proposed transfer is to another state, the date, not less than 60 days after the giving of the notice, by which the qualified beneficiary must notify the trustee of an objection to the proposed transfer.
(d) In connection with a transfer of the trust's principal place of administration, the trustee may transfer some or all of the trust property to a successor trustee designated in the terms of the trust or appointed under G.S. 36C-7-704. (2005-192, s. 2.)
2023 North Carolina General Statutes › Chapter 36C - North Carolina Uniform Trust Code › Article 1 - General Provisions and Definitions. › § 36C-1-109 - Methods and waiver of notice.

§ 36C-1-109. Methods and waiver of notice.
(a) Subject to subsection (d) of this section, notice to a person under this Chapter or the sending of a document to a person under this Chapter must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document.
(1) Permissible methods of notice or methods for sending a document include first-class mail, personal delivery, delivery to the person's last known place of residence or place of business, or a properly directed electronic message.
(2) Notice shall be deemed to be given upon the occurrence of any of the following:
a. When personally delivered by hand to the person.
b. When transmitted by facsimile.
c. When placed in the hands of a nationally recognized courier service for delivery.
d. When received by the person if sent by registered or certified United States mail, return receipt requested.
e. Three days after depositing the notice in a regularly maintained receptacle for the deposit of United States mail if sent by regular United States mail.
(3) Notice by any means other than those described in subdivision (2) of this subsection shall be deemed to be given for all purposes upon the date of actual receipt.
(b) Notice otherwise required under this Chapter, or a document otherwise required to be sent under this Chapter, need not be provided to a person whose identity or location is unknown to and not reasonably ascertainable by the trustee.
(c) The person to be notified or to be sent a document may waive notice under this Chapter.
(d) Notice of a judicial proceeding must be given as provided in Article 2 of this Chapter. (2005-192, s. 2; 2007-106, s. 5.)
2023 North Carolina General Statutes › Chapter 36C - North Carolina Uniform Trust Code › Article 1 - General Provisions and Definitions. › § 36C-1-110 - Others treated as qualified beneficiaries.

§ 36C-1-110. Others treated as qualified beneficiaries.
(a) A charitable organization expressly designated to receive distributions under the terms of a charitable trust has the rights of a qualified beneficiary under this Chapter if the charitable organization, on the date the charitable organization's qualification is being determined:
(1) Is a distributee or permissible distributee of trust income or principal;
(2) Would be a distributee or permissible distributee of trust income or principal upon the termination of the interest of other distributees or permissible distributees then receiving or eligible to receive distributions, but the termination of those interests would not cause the trust to terminate; or
(3) Would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.
(b) A person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in G.S. 36C-4-408 or G.S. 36C-4-409 has the rights of a qualified beneficiary under this Chapter. (2005-192, s. 2.)
2023 North Carolina General Statutes › Chapter 36C - North Carolina Uniform Trust Code › Article 1 - General Provisions and Definitions. › § 36C-1-111 - Nonjudicial settlement agreements.

§ 36C-1-111. Nonjudicial settlement agreements.
(a) For purposes of this section, "interested persons" means persons whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court.
(b) Interested persons may enter into a binding nonjudicial settlement agreement with respect to any of the following matters involving a trust:
(1) The approval of a trustee's report or accounting;
(2) Direction to a trustee to perform or refrain from performing a particular administrative act or the grant to a trustee of any necessary or desirable administrative power, including a power granted under G.S. 36C-8-816;
(3) The resignation or appointment of a trustee and the determination of a trustee's compensation;
(4) Transfer of a trust's principal place of administration; and
(5) Liability of a trustee for any action taken under subdivisions (1) through (4) of this subsection.
(c) A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this Chapter or other applicable law.
(d) Any interested person may request the court to approve a nonjudicial settlement agreement, to determine whether the representation as provided in Article 3 of this Chapter was adequate, and to determine whether the agreement contains terms and conditions the court could have properly approved. (2005-192, s. 2.)
2023 North Carolina General Statutes › Chapter 36C - North Carolina Uniform Trust Code › Article 1 - General Provisions and Definitions. › § 36C-1-112 - Rules of construction.

§ 36C-1-112. Rules of construction.
The rules of construction that apply in this State to the interpretation of and disposition of property by will also apply as appropriate to the interpretation of the terms of a trust and the disposition of the trust property. (2005-192, s. 2.)
2023 North Carolina General Statutes › Chapter 36C - North Carolina Uniform Trust Code › Article 1 - General Provisions and Definitions. › § 36C-1-114 - Insurable interest of trustee.

§ 36C-1-114. Insurable interest of trustee.
(a) As used in this section, the term "settlor" means a person that executes a trust instrument. The term includes a person for whom a fiduciary or agent is acting.
(b) A trustee of a trust has an insurable interest in the life of an individual insured under a life insurance policy that is trust property if, as of the date the policy is issued:
(1) The insured is either of the following:
a. A settlor of the trust.
b. An individual in whom a settlor of the trust has, or would have had if living at the time the policy was issued, an insurable interest.
(2) The life insurance proceeds are primarily for the benefit of one or more trust beneficiaries that have an insurable interest in the life of the insured.
(c) This section does not limit or abridge any insurable interest or right to insure now existing at common law or by statute and shall be construed liberally to sustain insurable interests, whether as a declaration of existing law or as an extension of or addition to existing law. (2013-91, s. 2(a).)
2023 North Carolina General Statutes › Chapter 36C - North Carolina Uniform Trust Code › Article 2 - Judicial Proceedings. › § 36C-2-201 - Role of court in administration of trust.

§ 36C-2-201. Role of court in administration of trust.
(a) The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by a party or as provided by law.
(b) A trust is not subject to continuing judicial supervision, except as provided in G.S. 36C-2-208 and G.S. 36C-2-209, unless ordered by the court.
(c) A judicial proceeding involving a trust may relate to any matter involving the trust's administration, including a request for instructions and an action to declare rights. (2005-192, s. 2.)
2023 North Carolina General Statutes › Chapter 36C - North Carolina Uniform Trust Code › Article 2 - Judicial Proceedings. › § 36C-2-202 - Jurisdiction over trustee and beneficiary.

§ 36C-2-202. Jurisdiction over trustee and beneficiary.
(a) By accepting the trusteeship of a trust having its principal place of administration in this State, or by moving the principal place of administration to this State, the trustee submits personally to the jurisdiction of the courts of this State regarding any matter involving the trust.
(b) With respect to their interests in the trust, the beneficiaries of a trust having its principal place of administration in this State are subject to the jurisdiction of the courts of this State regarding any matter involving the trust. By accepting a distribution from such a trust, the recipient submits personally to the jurisdiction of the courts of this State regarding any matter involving the trust.
(c) This section does not preclude other methods of obtaining jurisdiction over a trustee, beneficiary, or other person receiving property from the trust. (2005-192, s. 2.)