§ 35A-1294. Estates without guardians. - North Carolina Statutes

§35A‑1294.  Estates without guardians.

(a)        Whenever a generalguardian or guardian of the estate is removed, resigns, or stops servingwithout making a full and proper accounting, the successor guardian, or theclerk if there is no successor guardian, shall initiate a proceeding to compelan accounting.  The surety or sureties on the previous guardian's bond shall beserved with notice of the proceeding.

(b)        If no successorguardian has been appointed, the clerk may act as receiver or appoint somediscreet person as a receiver to take possession of the ward's estate, tocollect all moneys due the ward, and to secure, lend, invest, or apply the samefor the benefit and advantage of the ward, under the direction of the clerkuntil a successor guardian is appointed.  The accounts of the receiver shall bereturned, audited, and settled as the clerk may direct.  The receiver shall beallowed such amounts for his time, trouble, and responsibility as seem to theclerk reasonable and proper.  Such receivership may continue until a suitableguardian can be appointed.

(c)        When anotherguardian is appointed, he may apply by motion, on notice, to the clerk for anorder directing the receiver to pay over all the money, estate, and effects ofthe ward.  If no such guardian is appointed, the ward shall have the sameremedy against the receiver on becoming age 18 or otherwise emancipated if theward is a minor or on being restored to competence if the ward is anincompetent person.  In the event of the ward's death, his executor,administrator, or collector, and the heir or personal representative of theward shall have the same remedy against the receiver. (1987,c. 550, s. 1.)