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Terms Used In North Carolina General Statutes 35A-1211

  • 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.

(a) Application for appointment of a guardian and related motions and notices shall be served on the respondent, respondent’s counsel or guardian ad litem, other parties of record, and such other persons as the clerk shall direct.

(b) When the application for appointment of a guardian is joined with a petition for adjudication of incompetence, the application shall be served with and in the same manner as the petition for adjudication of incompetence.  When the application is filed subsequent to the petition for adjudication of incompetence, the applicant shall serve the application as provided by N.C. Gen. Stat. § 1A-1, Rule 5, Rules of Civil Procedure, unless the clerk directs otherwise. (1987, c. 550, s. 1; 1989, c. 473, s. 25.)