State Codes and Statutes

Statutes > North-carolina > Chapter_35A > GS_35A-1203

§ 35A‑1203. Jurisdiction; authority of clerk.

(a)        Clerks of superiorcourt in their respective counties have original jurisdiction for theappointment of guardians of the person, guardians of the estate, or generalguardians for incompetent persons and of related proceedings brought or filedunder this Subchapter. Clerks of superior court in their respective countieshave original jurisdiction for the appointment of guardians of the estate forminors, for the appointment of guardians of the person or general guardians forminors who have no natural guardian, and of related proceedings brought orfiled under this Subchapter.

(b)        The clerk shallretain jurisdiction following appointment of a guardian in order to assurecompliance with the clerk's orders and those of the superior court. The clerkshall have authority to remove a guardian for cause and shall appoint asuccessor guardian, following the criteria set forth in G.S. 35A‑1213 orG.S. 35A‑1224, after removal, death, or resignation of a guardian.

(c)        The clerk shallhave authority to determine disputes between guardians and to adjust the amountof the guardian's bond.

(d)        Any party or anyother interested person may petition the clerk to exercise the authorityconferred on the clerk by this section.

(e)        Where a guardian ortrustee has been appointed for a ward under former Chapter 33 or former Chapter35 of the General Statutes, the clerk, upon his own motion or the motion ofthat guardian or trustee or any other interested person, may designate that guardianor trustee or appoint another qualified person as guardian of the person,guardian of the estate, or general guardian of the ward under this Chapter;provided, the authority of a guardian or trustee properly appointed underformer Chapter 33 or former Chapter 35 of the General Statutes to continueserving in that capacity is not dependent on such motion and designation. (1987, c. 550, s. 1; 2003‑13,s. 3.)

State Codes and Statutes

Statutes > North-carolina > Chapter_35A > GS_35A-1203

§ 35A‑1203. Jurisdiction; authority of clerk.

(a)        Clerks of superiorcourt in their respective counties have original jurisdiction for theappointment of guardians of the person, guardians of the estate, or generalguardians for incompetent persons and of related proceedings brought or filedunder this Subchapter. Clerks of superior court in their respective countieshave original jurisdiction for the appointment of guardians of the estate forminors, for the appointment of guardians of the person or general guardians forminors who have no natural guardian, and of related proceedings brought orfiled under this Subchapter.

(b)        The clerk shallretain jurisdiction following appointment of a guardian in order to assurecompliance with the clerk's orders and those of the superior court. The clerkshall have authority to remove a guardian for cause and shall appoint asuccessor guardian, following the criteria set forth in G.S. 35A‑1213 orG.S. 35A‑1224, after removal, death, or resignation of a guardian.

(c)        The clerk shallhave authority to determine disputes between guardians and to adjust the amountof the guardian's bond.

(d)        Any party or anyother interested person may petition the clerk to exercise the authorityconferred on the clerk by this section.

(e)        Where a guardian ortrustee has been appointed for a ward under former Chapter 33 or former Chapter35 of the General Statutes, the clerk, upon his own motion or the motion ofthat guardian or trustee or any other interested person, may designate that guardianor trustee or appoint another qualified person as guardian of the person,guardian of the estate, or general guardian of the ward under this Chapter;provided, the authority of a guardian or trustee properly appointed underformer Chapter 33 or former Chapter 35 of the General Statutes to continueserving in that capacity is not dependent on such motion and designation. (1987, c. 550, s. 1; 2003‑13,s. 3.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_35A > GS_35A-1203

§ 35A‑1203. Jurisdiction; authority of clerk.

(a)        Clerks of superiorcourt in their respective counties have original jurisdiction for theappointment of guardians of the person, guardians of the estate, or generalguardians for incompetent persons and of related proceedings brought or filedunder this Subchapter. Clerks of superior court in their respective countieshave original jurisdiction for the appointment of guardians of the estate forminors, for the appointment of guardians of the person or general guardians forminors who have no natural guardian, and of related proceedings brought orfiled under this Subchapter.

(b)        The clerk shallretain jurisdiction following appointment of a guardian in order to assurecompliance with the clerk's orders and those of the superior court. The clerkshall have authority to remove a guardian for cause and shall appoint asuccessor guardian, following the criteria set forth in G.S. 35A‑1213 orG.S. 35A‑1224, after removal, death, or resignation of a guardian.

(c)        The clerk shallhave authority to determine disputes between guardians and to adjust the amountof the guardian's bond.

(d)        Any party or anyother interested person may petition the clerk to exercise the authorityconferred on the clerk by this section.

(e)        Where a guardian ortrustee has been appointed for a ward under former Chapter 33 or former Chapter35 of the General Statutes, the clerk, upon his own motion or the motion ofthat guardian or trustee or any other interested person, may designate that guardianor trustee or appoint another qualified person as guardian of the person,guardian of the estate, or general guardian of the ward under this Chapter;provided, the authority of a guardian or trustee properly appointed underformer Chapter 33 or former Chapter 35 of the General Statutes to continueserving in that capacity is not dependent on such motion and designation. (1987, c. 550, s. 1; 2003‑13,s. 3.)