North Carolina General Statutes 35A-1203. Jurisdiction; authority of clerk
Terms Used In North Carolina General Statutes 35A-1203
- Dependent: A person dependent for support upon another.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Trustee: A person or institution holding and administering property in trust.
(a) Clerks of superior court in their respective counties have original jurisdiction for the appointment of guardians of the person, guardians of the estate, or general guardians for incompetent persons and of related proceedings brought or filed under this Subchapter. Clerks of superior court in their respective counties have original jurisdiction for the appointment of guardians of the estate for minors, for the appointment of guardians of the person or general guardians for minors who have no natural guardian, and of related proceedings brought or filed under this Subchapter.
(b) The clerk shall retain jurisdiction following appointment of a guardian in order to assure compliance with the clerk’s orders and those of the superior court. The clerk shall have authority to remove a guardian for cause and shall appoint a successor guardian, following the criteria set forth in N.C. Gen. Stat. § 35A-1213 or N.C. Gen. Stat. § 35A-1224, after removal, death, or resignation of a guardian.
(c) The clerk shall have authority to determine disputes between guardians and to adjust the amount of the guardian’s bond.
(d) Any party or any other interested person may petition the clerk to exercise the authority conferred on the clerk by this section.
(e) Where a guardian or trustee has been appointed for a ward under former Chapter 33 or former Chapter 35 of the N.C. Gen. Stat., the clerk, upon his own motion or the motion of that guardian or trustee or any other interested person, may designate that guardian or 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 under former Chapter 33 or former Chapter 35 of the N.C. Gen. Stat. to continue serving in that capacity is not dependent on such motion and designation. (1987, c. 550, s. 1; 2003-13, s. 3.)