North Carolina § 35A-1210 - Application before clerk.

§ 35A-1210. Application before clerk.

Any individual, corporation, or disinterested public agent may file an application for the appointment of a guardian for an incompetent person by filing the same with the clerk. The application may be joined with or filed subsequent to a petition for the adjudication of incompetence under Subchapter I of this Chapter. The application shall set forth, to the extent known and to the extent such information is not already a matter of record in the case: The name, age, address, and county of residence of the ward or respondent; The name, address, and county of residence of the applicant, his relationship if any to the respondent or ward, and his interest in the proceeding; The name, address, and county of residence of the respondent's next to kin and other persons known to have an interest in the proceeding; A general statement of the ward's or respondent's assets and liabilities with an estimate of the value of any property, including any income and receivables to which he is entitled; and Whether the applicant seeks the appointment of a guardian of the person, a guardian of the estate, or a general guardian, and whom the applicant recommends or seeks to have appointed as such guardian or guardians. History (1987, c. 550, s. 1.) Cross References. - As to service of summons upon a person under a disability, see G.S. 1A-1 , Rule 4. As to right of surviving spouse to claim an elective share, see G.S. 30-3.1 et seq. As to right of alleged incompetent to examine his will filed with the clerk, see G.S. 31-11 . As to appointment, duties, etc., of guardian generally, see G.S. 35A-1101 et seq. As to bond required of guardian, see G.S. 35A-1230 et seq. As to guardian's power to claim benefits under Workers' Compensation Act, see G.S. 97-49 . For the Mental Health, Developmental Disabilities and Substance Abuse Act, see Chapter 122C . Legal Periodicals. - For note on requirement of notice for appointment of guardians ad litem and next friends, see 48 N.C.L. Rev. 92 (1969). For survey of 1977 law on health care regulation, see 56 N.C.L. Rev. 857 (1978).