§ 35A-1280. Appointment of ancillary guardian. - North Carolina Statutes

Article12.

Nonresident Ward HavingProperty in State.

§ 35A‑1280.  Appointmentof ancillary guardian.

(a)        A clerk may appointan ancillary guardian whenever it appears by petition or application and dueproof to the satisfaction of the clerk that:

(1)        There is in thecounty of the clerk's jurisdiction real or personal property in which anonresident of the State of North Carolina has an ownership or other interest;and

(2)        The nonresident isincompetent or is a minor and a guardian of the estate or general guardian, ora comparable fiduciary, has been appointed and is still serving for thenonresident in the state of his or her residence; and

(3)        That the nonresidentward has no guardian in the State of North Carolina.

(b)        Except as otherwiseordered by the clerk or provided herein, an ancillary guardian shall have allthe powers, duties, and responsibilities with respect to the nonresident ward'sestate in the State of North Carolina as guardians otherwise appointed have. An ancillary guardian shall annually make an accounting to the court in thisState and remit to the guardian in the state of the ward's residence any netrents of the real estate or any proceeds of sale.

(c)        A certified orexemplified copy of letters of appointment or other official record of a courtof record appointing a guardian for a nonresident in the state of his residenceshall be conclusive proof of the fact of the ward's minority or incompetenceand of the appointment of the guardian in the state of the ward's residence;provided, that the letters of appointment or other record shall show that theguardianship is still in effect in the state of the ward's residence and thatthe ward's incompetence or minority still exists.

(d)        Upon theappointment of an ancillary guardian under this Article, the clerk shall notifythe appropriate court in the county of the ward's residence and the guardian inthe state of the ward's residence. (1987, c. 550, s. 1.)