State Codes and Statutes

Statutes > North-carolina > Chapter_35A > GS_35A-1244

§35A‑1244.  Procedure to compel status reports.

If a guardian of the personfails to file a status report as required, or renders an unsatisfactory report,the clerk shall, on his own motion or the request of an interested party,promptly order the guardian to render a full and satisfactory report within 20days after service of the order.  If, after due service of the order, theguardian does not file such report, or obtain further time in which to file it,on or before the return day of the order, the clerk may remove him from officeor may issue an order or notice to show cause for civil or criminal contempt asprovided in Chapter 5A of the General Statutes.  In such proceedings, thedefaulting guardian may be held personally liable for the costs of the proceeding,including the costs of service of all notices or motions incidental thereto, orthe amount of the costs of the proceeding may be deducted from any commissionsdue to the guardian of the person.  Where a corporation or disinterested publicagent is guardian of the person, the president or director or person or personshaving charge of the guardianship for the corporation or agency, or the personto whom the duty of making status reports has been assigned by the corporationor agency, may be proceeded against as herein provided as if he or they werethe guardian personally, provided, the corporation or agency itself may also befined and/or removed as guardian for such failure or omission. (1987,c. 550, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_35A > GS_35A-1244

§35A‑1244.  Procedure to compel status reports.

If a guardian of the personfails to file a status report as required, or renders an unsatisfactory report,the clerk shall, on his own motion or the request of an interested party,promptly order the guardian to render a full and satisfactory report within 20days after service of the order.  If, after due service of the order, theguardian does not file such report, or obtain further time in which to file it,on or before the return day of the order, the clerk may remove him from officeor may issue an order or notice to show cause for civil or criminal contempt asprovided in Chapter 5A of the General Statutes.  In such proceedings, thedefaulting guardian may be held personally liable for the costs of the proceeding,including the costs of service of all notices or motions incidental thereto, orthe amount of the costs of the proceeding may be deducted from any commissionsdue to the guardian of the person.  Where a corporation or disinterested publicagent is guardian of the person, the president or director or person or personshaving charge of the guardianship for the corporation or agency, or the personto whom the duty of making status reports has been assigned by the corporationor agency, may be proceeded against as herein provided as if he or they werethe guardian personally, provided, the corporation or agency itself may also befined and/or removed as guardian for such failure or omission. (1987,c. 550, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_35A > GS_35A-1244

§35A‑1244.  Procedure to compel status reports.

If a guardian of the personfails to file a status report as required, or renders an unsatisfactory report,the clerk shall, on his own motion or the request of an interested party,promptly order the guardian to render a full and satisfactory report within 20days after service of the order.  If, after due service of the order, theguardian does not file such report, or obtain further time in which to file it,on or before the return day of the order, the clerk may remove him from officeor may issue an order or notice to show cause for civil or criminal contempt asprovided in Chapter 5A of the General Statutes.  In such proceedings, thedefaulting guardian may be held personally liable for the costs of the proceeding,including the costs of service of all notices or motions incidental thereto, orthe amount of the costs of the proceeding may be deducted from any commissionsdue to the guardian of the person.  Where a corporation or disinterested publicagent is guardian of the person, the president or director or person or personshaving charge of the guardianship for the corporation or agency, or the personto whom the duty of making status reports has been assigned by the corporationor agency, may be proceeded against as herein provided as if he or they werethe guardian personally, provided, the corporation or agency itself may also befined and/or removed as guardian for such failure or omission. (1987,c. 550, s. 1.)