North Carolina § 35A-1292 - Resignation.

§ 35A-1292. Resignation.

Any guardian who wishes to resign shall file a motion with the clerk setting forth the circumstances of the case. If a general guardian or guardian of the estate, at the time of making the application, also exhibits his final account for settlement, and if the clerk is satisfied that the guardian has fully accounted, the clerk may accept the resignation of the guardian and discharge him and appoint a successor guardian. The guardian so discharged and his sureties are still liable in relation to all matters connected with the guardianship before the discharge and shall continue to ensure that the ward's needs are met until the clerk officially appoints a successor. The guardian shall attend the hearing to modify the guardianship, if physically able. A general guardian who wishes to resign as guardian of the estate of the ward but continue as guardian of the person of the ward may apply for the partial resignation by petition as provided in subsection (a) of this section. If the general guardian also exhibits his final account as guardian of the estate for settlement, and if the clerk is satisfied that the general guardian has fully accounted as guardian of the estate, the clerk may accept the resignation of the general guardian as guardian of the estate, discharge him as guardian of the estate, and issue to him letters of appointment as guardian of the person, but the general guardian so discharged as guardian of the estate and his sureties are still liable in relation to all matters connected with the guardianship of the estate before the discharge. History (1987, c. 550, s. 1; 2012-151, s. 12(d).) Cross References. - As to final account by the resigning guardian, see G.S. 35A-1292 . As to resignation of trustees, see G.S. 36A-22 et seq. Effect of Amendments. - Session Laws 2012-151, s. 12(d), effective July 12, 2012, in subsection (a), substituted "shall file a motion with the clerk" for "may apply in writing to the clerk" in the first sentence, divided the former second sentence into the present second and third sentences, added "and shall continue to ensure that the ward's needs are met until the clerk officially appoints a successor" to the end of the third sentence, added the last sentence, and made minor punctuation and stylistic changes.