§ 35A-1237. Relief of endangered sureties. - North Carolina Statutes

§35A‑1237.  Relief of endangered sureties.

Any surety of a guardian, whois in danger of sustaining loss by his suretyship, may file a motion in thecause before the clerk where the guardianship is docketed, setting forth thecircumstances of his case and demanding relief.  The guardian shall have 10days after service of the motion to answer the motion.  If, upon the hearing,the clerk deems the surety entitled to relief, the clerk may order the guardianto give a new bond or to indemnify the surety against apprehended loss, or mayremove the guardian from his trust.  If the guardian fails to give a new bondor security to indemnify within a reasonable time when required to do so, theclerk must enter a peremptory order for his removal, and his authority asguardian shall cease. (1987, c. 550, s. 1; 1989, c. 473, s. 20.)