North Carolina General Statutes 35B-2. Definitions
The following definitions apply in this Chapter:
(1) Adult. – An individual who has attained 18 years of age.
Terms Used In North Carolina General Statutes 35B-2
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- 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) Court. – For purposes of this Chapter, where the word “court” is used, it means the clerk of the superior court to the same extent that the clerk of superior court has original subject matter jurisdiction over incompetency and guardianship proceedings under Chapter 35A of the N.C. Gen. Stat..
(3) General guardian. – “General guardian” has the same meaning as in N.C. Gen. Stat. § 35A-1202 For purposes of this Chapter, (i) the term is limited to general guardians for adults and (ii) the general guardian shall have the same authority to act as the guardian and the guardian of the estate as set forth herein.
(4) Guardian of the estate. – “Guardian of the estate” has the same meaning as in N.C. Gen. Stat. § 35A-1202 For purposes of the Chapter, the term is limited to guardians of the estate for adults.
(5) Guardian of the person. – “Guardian of the person” has the same meaning as in N.C. Gen. Stat. § 35A-1202 For purposes of this Chapter, the term is limited to guardians of the person for adults.
(6) Guardianship order. – An order appointing a guardian of the person or general guardian. For the purposes of this Chapter, an order appointing a guardian of the estate, general guardian, or other order related to the management of an adult’s property is referred to as a protective order as defined in subdivision (14) of this section.
(7) Guardianship proceeding. – A judicial proceeding in which an order for the appointment of a guardian of the person or general guardian is sought or has been issued pursuant to Chapter 35A of the N.C. Gen. Stat..
(8) Incapacitated person. – An adult for whom a guardian of the person or general guardian has been appointed.
(9) Incompetency order. – An order adjudicating incompetence of an adult.
(10) Incompetency proceeding. – A judicial proceeding in which an order adjudicating a person to be an incompetent adult is sought or has been issued pursuant to Chapter 35A of the N.C. Gen. Stat..
(11) Party. – The respondent, petitioner, guardian of the person, general guardian, guardian of the estate, or any other person allowed by the court to participate in an incompetency, guardianship, or protective proceeding.
(12) Person. – An individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. This definition does not apply to the terms “incapacitated person” or “protected person.”
(13) Protected person. – An adult for whom a protective order or general guardianship order has been issued pursuant to Chapter 35A of the N.C. Gen. Stat..
(14) Protective order. – An order appointing a guardian of the estate, general guardian, or other order related to management of an adult’s property entered pursuant to Chapter 35A of the N.C. Gen. Stat..
(15) Protective proceeding. – A judicial proceeding in which an order appointing a general guardian or a protective order is sought or has been issued under Chapter 35A of the N.C. Gen. Stat..
(16) Record. – Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(17) Respondent. – An adult for whom an adjudication of incompetence, a protective order, or a guardianship order is sought.
(18) State. – A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. (2016-72, s. 1.)