North Carolina General Statutes 35A-1376. Restoration of capacity or ability; suspension of guardianship
In the event that the authority of the standby guardian becomes effective upon the receipt of a determination of incapacity or debilitation and the petitioner or designator is subsequently restored to capacity or ability to care for the child, the authority of the standby guardian based on that incapacity or debilitation shall be suspended. The attending physician shall provide a copy of the determination of restored capacity or ability to the standby guardian, if the identity of the standby guardian is known to the attending physician. If an order appointing the standby guardian as guardian of the person or general guardian of the minor child or incompetent adult has been entered, the standby guardian shall, and the petitioner or designator may, file a copy of the determination of restored capacity or ability in the office of the clerk who entered the order. A determination of restored capacity or ability shall:
(1) Be made by the attending physician to a reasonable degree of medical certainty;
Terms Used In North Carolina General Statutes 35A-1376
- 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.
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
(2) Be in writing; and
(3) Contain the attending physician’s opinion regarding the cause and nature of the parent’s or legal guardian’s restoration to capacity or ability.
Any order appointing the standby guardian as guardian of the person or general guardian of the minor child or incompetent adult shall remain in full force and effect, and the authority of the standby guardian shall recommence upon the standby guardian’s receipt of a subsequent determination of the petitioner’s or designator’s incapacity, pursuant to N.C. Gen. Stat. § 35A-1373(j), or upon the standby guardian’s receipt of a subsequent determination of debilitation pursuant to N.C. Gen. Stat. § 35A-1373(k), or upon the receipt of proof of death of the petitioner or designator, or upon the written consent of the petitioner or designator, pursuant to N.C. Gen. Stat. § 35A-1373(l). (1995, c. 313, s. 1; 2015-205, s. 1.)