§ 35A-1292. Resignation. - North Carolina Statutes

§35A‑1292.  Resignation.

(a)        Any guardian whowishes to resign may apply in writing to the clerk, setting forth thecircumstances of the case.  If a general guardian or guardian of the estate, atthe time of making the application, also exhibits his final account forsettlement, and if the clerk is satisfied that the guardian has fullyaccounted, the clerk may accept the resignation of the guardian and dischargehim and appoint a successor guardian, but the guardian so discharged and hissureties are still liable in relation to all matters connected with theguardianship before the discharge.

(b)        A general guardianwho wishes to resign as guardian of the estate of the ward but continue asguardian of the person of the ward may apply for the partial resignation bypetition as provided in subsection (a) of this section.  If the generalguardian also exhibits his final account as guardian of the estate forsettlement, and if the clerk is satisfied that the general guardian has fullyaccounted as guardian of the estate, the clerk may accept the resignation ofthe general guardian as guardian of the estate, discharge him as guardian ofthe 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 hissureties are still liable in relation to all matters connected with theguardianship of the estate before the discharge. (1987, c. 550, s. 1.)