§35A‑1376. Restoration of capacity or ability; suspension ofguardianship.
In the event that theauthority of the standby guardian becomes effective upon the receipt of adetermination of incapacity or debilitation and the petitioner or designator issubsequently restored to capacity or ability to care for the child, theauthority of the standby guardian based on that incapacity or debilitationshall be suspended. The attending physician shall provide a copy of thedetermination of restored capacity or ability to the standby guardian, if theidentity of the standby guardian is known to the attending physician. If anorder appointing the standby guardian as guardian of the person or generalguardian of the minor child has been entered, the standby guardian shall, andthe petitioner or designator may, file a copy of the determination of restoredcapacity or ability in the office of the clerk who entered the order. Adetermination of restored capacity or ability shall:
(1) Be made by theattending physician to a reasonable degree of medical certainty;
(2) Be in writing; and
(3) Contain theattending physician's opinion regarding the cause and nature of the parent's orlegal guardian's restoration to capacity or ability.
Any order appointing thestandby guardian as guardian of the person or general guardian of the minorchild shall remain in full force and effect, and the authority of the standbyguardian shall recommence upon the standby guardian's receipt of a subsequentdetermination of the petitioner's or designator's incapacity, pursuant to G.S.35A‑1373(j), or upon the standby guardian's receipt of a subsequentdetermination of debilitation pursuant to G.S. 35A‑1373(k), or upon thereceipt of proof of death of the petitioner or designator, or upon the writtenconsent of the petitioner or designator, pursuant to G.S. 35A‑1373(l). (1995,c. 313, s. 1.)
§35A‑1376. Restoration of capacity or ability; suspension ofguardianship.
In the event that theauthority of the standby guardian becomes effective upon the receipt of adetermination of incapacity or debilitation and the petitioner or designator issubsequently restored to capacity or ability to care for the child, theauthority of the standby guardian based on that incapacity or debilitationshall be suspended. The attending physician shall provide a copy of thedetermination of restored capacity or ability to the standby guardian, if theidentity of the standby guardian is known to the attending physician. If anorder appointing the standby guardian as guardian of the person or generalguardian of the minor child has been entered, the standby guardian shall, andthe petitioner or designator may, file a copy of the determination of restoredcapacity or ability in the office of the clerk who entered the order. Adetermination of restored capacity or ability shall:
(1) Be made by theattending physician to a reasonable degree of medical certainty;
(2) Be in writing; and
(3) Contain theattending physician's opinion regarding the cause and nature of the parent's orlegal guardian's restoration to capacity or ability.
Any order appointing thestandby guardian as guardian of the person or general guardian of the minorchild shall remain in full force and effect, and the authority of the standbyguardian shall recommence upon the standby guardian's receipt of a subsequentdetermination of the petitioner's or designator's incapacity, pursuant to G.S.35A‑1373(j), or upon the standby guardian's receipt of a subsequentdetermination of debilitation pursuant to G.S. 35A‑1373(k), or upon thereceipt of proof of death of the petitioner or designator, or upon the writtenconsent of the petitioner or designator, pursuant to G.S. 35A‑1373(l). (1995,c. 313, s. 1.)
§35A‑1376. Restoration of capacity or ability; suspension ofguardianship.
In the event that theauthority of the standby guardian becomes effective upon the receipt of adetermination of incapacity or debilitation and the petitioner or designator issubsequently restored to capacity or ability to care for the child, theauthority of the standby guardian based on that incapacity or debilitationshall be suspended. The attending physician shall provide a copy of thedetermination of restored capacity or ability to the standby guardian, if theidentity of the standby guardian is known to the attending physician. If anorder appointing the standby guardian as guardian of the person or generalguardian of the minor child has been entered, the standby guardian shall, andthe petitioner or designator may, file a copy of the determination of restoredcapacity or ability in the office of the clerk who entered the order. Adetermination of restored capacity or ability shall:
(1) Be made by theattending physician to a reasonable degree of medical certainty;
(2) Be in writing; and
(3) Contain theattending physician's opinion regarding the cause and nature of the parent's orlegal guardian's restoration to capacity or ability.
Any order appointing thestandby guardian as guardian of the person or general guardian of the minorchild shall remain in full force and effect, and the authority of the standbyguardian shall recommence upon the standby guardian's receipt of a subsequentdetermination of the petitioner's or designator's incapacity, pursuant to G.S.35A‑1373(j), or upon the standby guardian's receipt of a subsequentdetermination of debilitation pursuant to G.S. 35A‑1373(k), or upon thereceipt of proof of death of the petitioner or designator, or upon the writtenconsent of the petitioner or designator, pursuant to G.S. 35A‑1373(l). (1995,c. 313, s. 1.)
