State Codes and Statutes

Statutes > North-carolina > Chapter_35A > GS_35A-1243

§35A‑1243.  Duties of designated agency.

(a)        Within 30 daysafter it receives a status report, the designated agency shall certify to theclerk that it has reviewed the report and shall mail a copy of itscertification to the guardian.

(b)        At the same time,the designated agency may:

(1)        Send its writtencomments on the report to the clerk, the guardian, or any other person who mayhave an interest in the ward's welfare;

(2)        Notify the guardianthat it is able to help the guardian in the performance of his duties;

(3)        Petition the clerkfor an order requiring the guardian to perform the duties imposed on him by theclerk or this Article if it appears that the guardian is not performing thoseduties;

(4)        Petition the clerkfor an order modifying the terms of the guardianship or the guardianshipprogram or plan if it appears that such should be modified;

(5)        Petition the clerkfor an order removing the guardian from his duties and appointing a successorguardian if it appears that the guardian should be removed for cause;

(6)        Petition the clerkfor an adjudication of restoration to competency; or

(7)        Petition the clerkfor any other appropriate orders.

(c)        If the designatedagency files such a petition, it shall cause the petition to be signed andacknowledged by the officer, official, employee, or agent who has personalknowledge of the facts set forth in the petition, and it shall set forth allfacts known to it that tend to support the relief sought by the petition.

(d)        The clerk shalltake appropriate action upon the petition in accordance with other provisionsor requirements of this Chapter. (1987, c. 550, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_35A > GS_35A-1243

§35A‑1243.  Duties of designated agency.

(a)        Within 30 daysafter it receives a status report, the designated agency shall certify to theclerk that it has reviewed the report and shall mail a copy of itscertification to the guardian.

(b)        At the same time,the designated agency may:

(1)        Send its writtencomments on the report to the clerk, the guardian, or any other person who mayhave an interest in the ward's welfare;

(2)        Notify the guardianthat it is able to help the guardian in the performance of his duties;

(3)        Petition the clerkfor an order requiring the guardian to perform the duties imposed on him by theclerk or this Article if it appears that the guardian is not performing thoseduties;

(4)        Petition the clerkfor an order modifying the terms of the guardianship or the guardianshipprogram or plan if it appears that such should be modified;

(5)        Petition the clerkfor an order removing the guardian from his duties and appointing a successorguardian if it appears that the guardian should be removed for cause;

(6)        Petition the clerkfor an adjudication of restoration to competency; or

(7)        Petition the clerkfor any other appropriate orders.

(c)        If the designatedagency files such a petition, it shall cause the petition to be signed andacknowledged by the officer, official, employee, or agent who has personalknowledge of the facts set forth in the petition, and it shall set forth allfacts known to it that tend to support the relief sought by the petition.

(d)        The clerk shalltake appropriate action upon the petition in accordance with other provisionsor requirements of this Chapter. (1987, c. 550, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_35A > GS_35A-1243

§35A‑1243.  Duties of designated agency.

(a)        Within 30 daysafter it receives a status report, the designated agency shall certify to theclerk that it has reviewed the report and shall mail a copy of itscertification to the guardian.

(b)        At the same time,the designated agency may:

(1)        Send its writtencomments on the report to the clerk, the guardian, or any other person who mayhave an interest in the ward's welfare;

(2)        Notify the guardianthat it is able to help the guardian in the performance of his duties;

(3)        Petition the clerkfor an order requiring the guardian to perform the duties imposed on him by theclerk or this Article if it appears that the guardian is not performing thoseduties;

(4)        Petition the clerkfor an order modifying the terms of the guardianship or the guardianshipprogram or plan if it appears that such should be modified;

(5)        Petition the clerkfor an order removing the guardian from his duties and appointing a successorguardian if it appears that the guardian should be removed for cause;

(6)        Petition the clerkfor an adjudication of restoration to competency; or

(7)        Petition the clerkfor any other appropriate orders.

(c)        If the designatedagency files such a petition, it shall cause the petition to be signed andacknowledged by the officer, official, employee, or agent who has personalknowledge of the facts set forth in the petition, and it shall set forth allfacts known to it that tend to support the relief sought by the petition.

(d)        The clerk shalltake appropriate action upon the petition in accordance with other provisionsor requirements of this Chapter. (1987, c. 550, s. 1.)