§ 35A-1212. Hearing before clerk on appointment of guardian. - North Carolina Statutes

§ 35A‑1212.  Hearingbefore clerk on appointment of guardian.

(a)        The clerk shallmake such inquiry and receive such evidence as the clerk deems necessary todetermine:

(1)        The nature andextent of the needed guardianship;

(2)        The assets,liabilities, and needs of the ward; and

(3)        Who, in the clerk'sdiscretion, can most suitably serve as the guardian or guardians.

If the clerk determines thatthe nature and extent of the ward's capacity justifies ordering a limitedguardianship, the clerk may do so.

(b)        If a currentmultidisciplinary evaluation is not available and the clerk determines that oneis necessary, the clerk, on his own motion or the motion of any party, mayorder that such an evaluation be performed pursuant to G.S. 35A‑1111. Theprovisions of that section shall apply to such an order for a multidisciplinaryevaluation following an adjudication of incompetence.

(c)        The clerk mayrequire a report prepared by a designated agency to evaluate the suitability ofa prospective guardian, to include a recommendation as to an appropriate partyor parties to serve as guardian, or both, based on the nature and extent of theneeded guardianship and the ward's assets, liabilities, and needs.

(d)        If a designatedagency has not been named pursuant to G.S. 35A‑1111, the clerk may, atany time he finds that the best interest of the ward would be served thereby,name a designated agency. (1987, c. 550, s. 1; 2003‑236, s. 1.)