State Codes and Statutes

Statutes > North-carolina > Chapter_35A > GS_35A-1253

§35A‑1253.  Specific duties of guardian of estate.

In addition to any otherduties imposed by law or by order of the clerk, a general guardian or guardianof the estate shall have the following specific duties:

(1)        To take possession,for the ward's use, of all his estate.

(2)        To diligentlyendeavor to collect, by all lawful means, all bonds, notes, obligations, ormoneys due his ward.

(3)        To pay income taxes,property taxes, or other taxes or assessments owed by the ward, out of theward's estate, as required by law.  If any guardian allows his ward's lands tobe sold for nonpayment of taxes or assessments, he shall be liable to his wardfor the full value thereof.

(4)        To observe thestandard of judgment and care under the circumstances then prevailing that anordinarily prudent person of discretion and intelligence, who is a fiduciary ofthe property of others, would observe as such fiduciary in acquiring,investing, reinvesting, exchanging, retaining, selling, and managing the ward'sproperty.  If the guardian has special skills or is named as guardian on thebasis of representations of special skills or expertise, to use those skills.

(5)        To obey all lawfulorders of the court pertaining to the guardianship and to comply with theaccounting requirements of this Subchapter.

Nothing in this section shallbe construed as broadening the powers granted in G.S. 35A‑1251 or G.S.35A‑1252. (1987, c. 550, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_35A > GS_35A-1253

§35A‑1253.  Specific duties of guardian of estate.

In addition to any otherduties imposed by law or by order of the clerk, a general guardian or guardianof the estate shall have the following specific duties:

(1)        To take possession,for the ward's use, of all his estate.

(2)        To diligentlyendeavor to collect, by all lawful means, all bonds, notes, obligations, ormoneys due his ward.

(3)        To pay income taxes,property taxes, or other taxes or assessments owed by the ward, out of theward's estate, as required by law.  If any guardian allows his ward's lands tobe sold for nonpayment of taxes or assessments, he shall be liable to his wardfor the full value thereof.

(4)        To observe thestandard of judgment and care under the circumstances then prevailing that anordinarily prudent person of discretion and intelligence, who is a fiduciary ofthe property of others, would observe as such fiduciary in acquiring,investing, reinvesting, exchanging, retaining, selling, and managing the ward'sproperty.  If the guardian has special skills or is named as guardian on thebasis of representations of special skills or expertise, to use those skills.

(5)        To obey all lawfulorders of the court pertaining to the guardianship and to comply with theaccounting requirements of this Subchapter.

Nothing in this section shallbe construed as broadening the powers granted in G.S. 35A‑1251 or G.S.35A‑1252. (1987, c. 550, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_35A > GS_35A-1253

§35A‑1253.  Specific duties of guardian of estate.

In addition to any otherduties imposed by law or by order of the clerk, a general guardian or guardianof the estate shall have the following specific duties:

(1)        To take possession,for the ward's use, of all his estate.

(2)        To diligentlyendeavor to collect, by all lawful means, all bonds, notes, obligations, ormoneys due his ward.

(3)        To pay income taxes,property taxes, or other taxes or assessments owed by the ward, out of theward's estate, as required by law.  If any guardian allows his ward's lands tobe sold for nonpayment of taxes or assessments, he shall be liable to his wardfor the full value thereof.

(4)        To observe thestandard of judgment and care under the circumstances then prevailing that anordinarily prudent person of discretion and intelligence, who is a fiduciary ofthe property of others, would observe as such fiduciary in acquiring,investing, reinvesting, exchanging, retaining, selling, and managing the ward'sproperty.  If the guardian has special skills or is named as guardian on thebasis of representations of special skills or expertise, to use those skills.

(5)        To obey all lawfulorders of the court pertaining to the guardianship and to comply with theaccounting requirements of this Subchapter.

Nothing in this section shallbe construed as broadening the powers granted in G.S. 35A‑1251 or G.S.35A‑1252. (1987, c. 550, s. 1.)