Terms Used In North Carolina General Statutes 35A-1223

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

The clerk shall receive evidence necessary to determine whether a guardian of the person, a guardian of the estate, or a general guardian is required.  If the court determines that a guardian or guardians are required, the court shall receive evidence necessary to determine the minor’s assets, liabilities, and needs, and who the guardian or guardians shall be.  The hearing may be informal and the clerk may consider whatever testimony, written reports, affidavits, documents, or other evidence the clerk finds necessary to determine the minor’s best interest. (1987, c. 550, s. 1.)