(a) The clerk mayappoint as guardian an adult individual, a corporation, or a disinterestedpublic agent. The applicant may submit to the clerk the name or names ofpotential guardians, and the clerk may consider the recommendations of the nextof kin or other persons.
(b) A nonresident ofthe State of North Carolina, to be appointed as general guardian, guardian ofthe person, or guardian of the estate of a North Carolina resident, mustindicate in writing his willingness to submit to the jurisdiction of the NorthCarolina courts in matters relating to the guardianship and must appoint aresident agent to accept service of process for the guardian in all actions orproceedings with respect to the guardianship. Such appointment must be approvedby and filed with the clerk, and any agent so appointed must notify the clerkof any change in the agent's address or legal residence. The clerk shallrequire a nonresident guardian of the estate or a nonresident general guardianto post a bond or other security for the faithful performance of the guardian'sduties. The clerk may require a nonresident guardian of the person to post abond or other security for the faithful performance of the guardian's duties.
(c) A corporation maybe appointed as guardian only if it is authorized by its charter to serve as aguardian or in similar fiduciary capacities.
(d) A disinterestedpublic agent who is appointed by the clerk to serve as guardian is authorizedand required to do so; provided, if at the time of the appointment or any timesubsequent thereto the disinterested public agent believes that his role or therole of his agency in relation to the ward is such that his service as guardianwould constitute a conflict of interest, or if he knows of any other reasonthat his service as guardian may not be in the ward's best interest, he shallbring such matter to the attention of the clerk and seek the appointment of adifferent guardian. A disinterested public agent who is appointed as guardianshall serve in that capacity by virtue of his office or employment, which shallbe identified in the clerk's order and in the letters of appointment. When thedisinterested public agent's office or employment terminates, his successor inoffice or employment, or his immediate supervisor if there is no successor,shall succeed him as guardian without further proceedings unless the clerkorders otherwise.
(e) Notwithstanding anyother provision of this section, an employee of a treatment facility, as definedin G.S. 35A‑1101(16), may not serve as guardian for a ward who is aninpatient in or resident of the facility in which the employee works; provided,this subsection shall not apply to or affect the validity of any appointment ofa guardian that occurred before October 1, 1987. (1987, c. 550, s. 1; 2004‑203,s. 31(a).)
(a) The clerk mayappoint as guardian an adult individual, a corporation, or a disinterestedpublic agent. The applicant may submit to the clerk the name or names ofpotential guardians, and the clerk may consider the recommendations of the nextof kin or other persons.
(b) A nonresident ofthe State of North Carolina, to be appointed as general guardian, guardian ofthe person, or guardian of the estate of a North Carolina resident, mustindicate in writing his willingness to submit to the jurisdiction of the NorthCarolina courts in matters relating to the guardianship and must appoint aresident agent to accept service of process for the guardian in all actions orproceedings with respect to the guardianship. Such appointment must be approvedby and filed with the clerk, and any agent so appointed must notify the clerkof any change in the agent's address or legal residence. The clerk shallrequire a nonresident guardian of the estate or a nonresident general guardianto post a bond or other security for the faithful performance of the guardian'sduties. The clerk may require a nonresident guardian of the person to post abond or other security for the faithful performance of the guardian's duties.
(c) A corporation maybe appointed as guardian only if it is authorized by its charter to serve as aguardian or in similar fiduciary capacities.
(d) A disinterestedpublic agent who is appointed by the clerk to serve as guardian is authorizedand required to do so; provided, if at the time of the appointment or any timesubsequent thereto the disinterested public agent believes that his role or therole of his agency in relation to the ward is such that his service as guardianwould constitute a conflict of interest, or if he knows of any other reasonthat his service as guardian may not be in the ward's best interest, he shallbring such matter to the attention of the clerk and seek the appointment of adifferent guardian. A disinterested public agent who is appointed as guardianshall serve in that capacity by virtue of his office or employment, which shallbe identified in the clerk's order and in the letters of appointment. When thedisinterested public agent's office or employment terminates, his successor inoffice or employment, or his immediate supervisor if there is no successor,shall succeed him as guardian without further proceedings unless the clerkorders otherwise.
(e) Notwithstanding anyother provision of this section, an employee of a treatment facility, as definedin G.S. 35A‑1101(16), may not serve as guardian for a ward who is aninpatient in or resident of the facility in which the employee works; provided,this subsection shall not apply to or affect the validity of any appointment ofa guardian that occurred before October 1, 1987. (1987, c. 550, s. 1; 2004‑203,s. 31(a).)
(a) The clerk mayappoint as guardian an adult individual, a corporation, or a disinterestedpublic agent. The applicant may submit to the clerk the name or names ofpotential guardians, and the clerk may consider the recommendations of the nextof kin or other persons.
(b) A nonresident ofthe State of North Carolina, to be appointed as general guardian, guardian ofthe person, or guardian of the estate of a North Carolina resident, mustindicate in writing his willingness to submit to the jurisdiction of the NorthCarolina courts in matters relating to the guardianship and must appoint aresident agent to accept service of process for the guardian in all actions orproceedings with respect to the guardianship. Such appointment must be approvedby and filed with the clerk, and any agent so appointed must notify the clerkof any change in the agent's address or legal residence. The clerk shallrequire a nonresident guardian of the estate or a nonresident general guardianto post a bond or other security for the faithful performance of the guardian'sduties. The clerk may require a nonresident guardian of the person to post abond or other security for the faithful performance of the guardian's duties.
(c) A corporation maybe appointed as guardian only if it is authorized by its charter to serve as aguardian or in similar fiduciary capacities.
(d) A disinterestedpublic agent who is appointed by the clerk to serve as guardian is authorizedand required to do so; provided, if at the time of the appointment or any timesubsequent thereto the disinterested public agent believes that his role or therole of his agency in relation to the ward is such that his service as guardianwould constitute a conflict of interest, or if he knows of any other reasonthat his service as guardian may not be in the ward's best interest, he shallbring such matter to the attention of the clerk and seek the appointment of adifferent guardian. A disinterested public agent who is appointed as guardianshall serve in that capacity by virtue of his office or employment, which shallbe identified in the clerk's order and in the letters of appointment. When thedisinterested public agent's office or employment terminates, his successor inoffice or employment, or his immediate supervisor if there is no successor,shall succeed him as guardian without further proceedings unless the clerkorders otherwise.
(e) Notwithstanding anyother provision of this section, an employee of a treatment facility, as definedin G.S. 35A‑1101(16), may not serve as guardian for a ward who is aninpatient in or resident of the facility in which the employee works; provided,this subsection shall not apply to or affect the validity of any appointment ofa guardian that occurred before October 1, 1987. (1987, c. 550, s. 1; 2004‑203,s. 31(a).)
