State Codes and Statutes

Statutes > North-carolina > Chapter_35A > GS_35A-1224

§35A‑1224.  Criteria for appointment of guardians.

(a)        The clerk mayappoint a guardian of the estate for any minor.  The clerk may appoint aguardian of the person or a general guardian only for a minor who has nonatural guardian.

(b)        The clerk may appointas guardian of the person or general guardian only an adult individual whetheror not that individual is a resident of the State of North Carolina.

(c)        The clerk mayappoint as guardian of the estate an adult individual whether or not thatindividual is a resident of the State of North Carolina or a corporation thatis authorized by its charter to serve as a guardian or in similar fiduciarycapacities.

(d)        If the minor'sparent or parents have made a testamentary recommendation pursuant to G.S. 35A‑1225for the appointment of a guardian, the clerk shall give substantial weight tosuch recommendation; provided, such recommendation may not affect the rights ofa surviving parent who has not willfully abandoned the minor, and the clerkshall in every instance base the appointment of a guardian or guardians on theminor's best interest.

(e)        Notwithstanding anyother provision of this section, an employee of a treatment facility, asdefined in G.S. 35A‑1101(16), may not serve as guardian for a ward who isan inpatient in or resident of the facility in which the employee works;provided, this subsection shall not apply to or affect the validity of anyappointment of a guardian that occurred before October 1, 1987. (1987,c. 550, s. 1; 1989, c. 473, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_35A > GS_35A-1224

§35A‑1224.  Criteria for appointment of guardians.

(a)        The clerk mayappoint a guardian of the estate for any minor.  The clerk may appoint aguardian of the person or a general guardian only for a minor who has nonatural guardian.

(b)        The clerk may appointas guardian of the person or general guardian only an adult individual whetheror not that individual is a resident of the State of North Carolina.

(c)        The clerk mayappoint as guardian of the estate an adult individual whether or not thatindividual is a resident of the State of North Carolina or a corporation thatis authorized by its charter to serve as a guardian or in similar fiduciarycapacities.

(d)        If the minor'sparent or parents have made a testamentary recommendation pursuant to G.S. 35A‑1225for the appointment of a guardian, the clerk shall give substantial weight tosuch recommendation; provided, such recommendation may not affect the rights ofa surviving parent who has not willfully abandoned the minor, and the clerkshall in every instance base the appointment of a guardian or guardians on theminor's best interest.

(e)        Notwithstanding anyother provision of this section, an employee of a treatment facility, asdefined in G.S. 35A‑1101(16), may not serve as guardian for a ward who isan inpatient in or resident of the facility in which the employee works;provided, this subsection shall not apply to or affect the validity of anyappointment of a guardian that occurred before October 1, 1987. (1987,c. 550, s. 1; 1989, c. 473, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_35A > GS_35A-1224

§35A‑1224.  Criteria for appointment of guardians.

(a)        The clerk mayappoint a guardian of the estate for any minor.  The clerk may appoint aguardian of the person or a general guardian only for a minor who has nonatural guardian.

(b)        The clerk may appointas guardian of the person or general guardian only an adult individual whetheror not that individual is a resident of the State of North Carolina.

(c)        The clerk mayappoint as guardian of the estate an adult individual whether or not thatindividual is a resident of the State of North Carolina or a corporation thatis authorized by its charter to serve as a guardian or in similar fiduciarycapacities.

(d)        If the minor'sparent or parents have made a testamentary recommendation pursuant to G.S. 35A‑1225for the appointment of a guardian, the clerk shall give substantial weight tosuch recommendation; provided, such recommendation may not affect the rights ofa surviving parent who has not willfully abandoned the minor, and the clerkshall in every instance base the appointment of a guardian or guardians on theminor's best interest.

(e)        Notwithstanding anyother provision of this section, an employee of a treatment facility, asdefined in G.S. 35A‑1101(16), may not serve as guardian for a ward who isan inpatient in or resident of the facility in which the employee works;provided, this subsection shall not apply to or affect the validity of anyappointment of a guardian that occurred before October 1, 1987. (1987,c. 550, s. 1; 1989, c. 473, s. 1.)