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North Carolina General Statutes Chapter 35A. Incompetency and Guardianship § 35A-1215. Clerk's order; issuance of letters of appointment

Current as of January 01, 2023 | Updated by Findlaw Staff

(a) When appointing a guardian, the clerk shall enter an order setting forth:

(1) The nature of the guardianship or guardianships to be created and the name of the person or entity appointed to fill each guardianship; and

(2) The powers and duties of the guardian or guardians, which shall include, unless the clerk orders otherwise, (i) with respect to a guardian of the person and general guardian, the powers and duties provided under G.S. 35A, Article 8, and (ii) with respect to a guardian of the estate and general guardian, the powers, and duties provided under G.S. 35A, Article 9 and Subchapter III; and

(3) The identity of the designated agency if there is one.

(b) If the clerk orders a limited guardianship as authorized by G.S. 35A-1212(a), the clerk may order that the ward retain certain legal rights and privileges to which the ward was entitled before the ward was adjudged incompetent. Any order of limited guardianship shall include findings as to the nature and extent of the ward's incompetence as it relates to the ward's need for a guardian or guardians.

(c) The clerk shall issue the guardian or guardians letters of appointment as provided in G.S. 35A-1206.

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Cite this article: FindLaw.com - North Carolina General Statutes Chapter 35A. Incompetency and Guardianship § 35A-1215. Clerk's order; issuance of letters of appointment - last updated January 01, 2023 | https://codes.findlaw.com/nc/chapter-35a-incompetency-and-guardianship/nc-gen-st-sect-35a-1215/

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