North Carolina General Statutes 35A-1253. Specific duties of guardian of estate
In addition to any other duties imposed by law or by order of the clerk, a general guardian or guardian of the estate shall have the following specific duties:
(1) To take possession, for the ward’s use, of all his estate.
Terms Used In North Carolina General Statutes 35A-1253
- Fiduciary: A trustee, executor, or administrator.
- 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.
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
(2) To diligently endeavor to collect, by all lawful means, all bonds, notes, obligations, or moneys due his ward.
(3) To pay income taxes, property taxes, or other taxes or assessments owed by the ward, out of the ward’s estate, as required by law. If any guardian allows his ward’s lands to be sold for nonpayment of taxes or assessments, he shall be liable to his ward for the full value thereof.
(4) To observe the standard of judgment and care under the circumstances then prevailing that an ordinarily prudent person of discretion and intelligence, who is a fiduciary of the property of others, would observe as such fiduciary in acquiring, investing, reinvesting, exchanging, retaining, selling, and managing the ward’s property. If the guardian has special skills or is named as guardian on the basis of representations of special skills or expertise, to use those skills.
(5) To obey all lawful orders of the court pertaining to the guardianship and to comply with the accounting requirements of this Subchapter.
Nothing in this section shall be construed as broadening the powers granted in N.C. Gen. Stat. § 35A-1251 or N.C. Gen. Stat. § 35A-1252 (1987, c. 550, s. 1.)