North Carolina General Statutes 35B-23. Proceedings in more than one state
Except for a petition for the appointment of a guardian of the person in an emergency or issuance of a protective order limited to property located in this State under N.C. Gen. Stat. § 35B-18(a)(1) or (a)(2), if a petition for the adjudication of incompetence, appointment of a general guardian or guardian of the person, or issuance of a protective order is filed in this State and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
(1) If the court in this State has jurisdiction under N.C. Gen. Stat. § 35B-17, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to N.C. Gen. Stat. § 35B-17 before the appointment or issuance of the order.
Terms Used In North Carolina General Statutes 35B-23
- 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.
- 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
(2) If the court in this State does not have jurisdiction under N.C. Gen. Stat. § 35B-17, whether at the time the petition for the adjudication of incompetence is filed or at any time before the appointment or issuance of the guardianship or protective order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this State shall dismiss the petition unless the court in the other state determines that the court in this State is a more appropriate forum. (2016-72, s. 1.)