North Carolina General Statutes 35B-17. Jurisdiction
Notwithstanding the provisions of N.C. Gen. Stat. § 1-75.4(1), a court of this State has jurisdiction to adjudicate incompetence, appoint a general guardian or guardian of the person, or issue a protective order for a respondent only if:
(1) This State is the respondent’s home state; or
Terms Used In North Carolina General Statutes 35B-17
- 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.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) On the date the petition for the adjudication of incompetence is filed, this State is a significant-connection state and either of the following is true:
a. The respondent does not have a home state, or a court of the respondent’s home state has declined to exercise jurisdiction because this State is a more appropriate forum.
b. The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order, all of the following are true:
1. A petition for an appointment or order is not filed in the respondent’s home state.
2. An objection to the court’s jurisdiction is not filed by a person required to be notified of the proceeding.
3. The court in this State concludes that it is an appropriate forum under the factors set forth in N.C. Gen. Stat. § 35B-20; or
(3) This State does not have jurisdiction under either subdivision (1) or (2) of this section, the respondent’s home state and all significant-connection states have declined to exercise jurisdiction because this State is the more appropriate forum, and jurisdiction in this State is consistent with the constitutions of this State and the United States; or
(4) The requirements for special jurisdiction under N.C. Gen. Stat. § 35B-18 are met. (2016-72, s. 1.)