2021 North Carolina General Statutes
Chapter 35B - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
Article 2 - Jurisdiction.
§ 35B-18 - Special jurisdiction.

Universal Citation: NC Gen Stat § 35B-18 (2021)

35B-18. Special jurisdiction.

(a) A court of this State lacking jurisdiction under G.S. 35B-17 has special jurisdiction to do any of the following:

(1) Appoint a guardian of the person in an emergency for a term not exceeding 90 days for a respondent who is physically present in this State.

(2) Issue a protective order with respect to real or tangible personal property located in this State.

(3) Appoint a general guardian, guardian of the person, or guardian of the estate for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to G.S. 35B-30.

(b) If a petition for the adjudication of incompetence and application for the appointment of a guardian of the person in an emergency is brought in this State and this State was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.

(2016-72, s. 1.)


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