§ 35A-1202. Definitions. - North Carolina Statutes

§35A‑1202.  Definitions.

When used in this Subchapter,unless a contrary intent is indicated or the context requires otherwise:

(1)        "Accounting"means the financial or status reports filed with the clerk, designated agency,respondent, or other person or party with whom such reports are required to befiled.

(2)        "Clerk"means the clerk of superior court.

(3)        "Designatedagency" means the State or local human services agency designated by theclerk in an order to prepare, cause to be prepared, or assemble amultidisciplinary evaluation and to perform other functions as the clerk mayorder. A designated agency includes, without limitation, State, local, regionalor area mental health, mental retardation, vocational rehabilitation, publichealth, social service, and developmental disabilities agencies, and diagnosticevaluation centers.

(4)        "Disinterestedpublic agent" means:

a.         The director orassistant directors of a local human services agency, or

b.         An adult officer,agent, or employee of a State human services agency.

                  The fact thata disinterested public agent is employed by a State or local human servicesagency that provides financial assistance, services, or treatment to a warddoes not disqualify that person from being appointed as guardian.

(5)        "Estate"means any interest in real property, choses in action, intangible personalproperty, and tangible personal property, and includes any interest in jointaccounts or jointly held property.

(6)        "Financialreport" means the report filed by the guardian concerning all financialtransactions, including receipts and expenditures of the ward's money, sale ofthe ward's property, or other transactions involving the ward's property.

(7)        "Generalguardian" means a guardian of both the estate and the person.

(8)        "Guardian adlitem" means a guardian appointed pursuant to G.S. 1A‑1, Rule 17,Rules of Civil Procedure.

(9)        "Guardian ofthe estate" means a guardian appointed solely for the purpose of managingthe property, estate, and business affairs of a ward.

(10)      "Guardian of theperson" means a guardian appointed solely for the purpose of performingduties relating to the care, custody, and control of a ward.

(11)      "Incompetentperson" means a person who has been adjudicated to be an "incompetentadult" or "incompetent child" as defined in G.S. 35A‑1101(7)or (8).

(12)      "Minor"means a person who is under the age of 18, is not married, and has not beenlegally emancipated.

(13)      "Multidisciplinaryevaluation" means an evaluation that contains current medical, psychological,and social work evaluations as directed by the clerk and that may containcurrent evaluations by professionals in other disciplines, including withoutlimitation education, vocational rehabilitation, occupational therapy,vocational therapy, psychiatry, speech‑and‑hearing, andcommunications disorders. The evaluation is current if made not more than oneyear from the date on which it is presented to or considered by the court. Theevaluation shall set forth the nature and extent of the disability and recommenda guardianship plan and program.

(14)      "Statusreport" means the report required by G.S. 35A‑1242 to be filed bythe general guardian or guardian of the person. A status report shall include areport of a recent medical and dental examination of the ward by one or morephysicians or dentists, a report on the guardian's performance of the duties set forth in this Chapter and in the clerk's order appointing the guardian, anda report on the ward's condition, needs, and development. The clerk may directthat the report contain other or different information. The report may alsocontain, without limitation, reports of mental health or mental retardationprofessionals, psychologists, social workers, persons in loco parentis, amember of a multidisciplinary evaluation team, a designated agency, adisinterested public agent or agency, a guardian ad litem, a guardian of theestate, an interim guardian, a successor guardian, an officer, official,employee or agent of the Department of Health and Human Services, or any otherinterested persons including, if applicable to the ward's situation, group homeparents or supervisors, employers, members of the staff of a treatmentfacility, or foster parents.

(15)      "Ward"means a person who has been adjudicated incompetent or an adult or minor forwhom a guardian has been appointed by a court of competent jurisdiction. (1987,c. 550, s. 1; 1997‑443, s. 11A.13.)