{"data":{"id":"us-nc/n.c.-gen.-stat.-35a-1290","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 35A-1290","heading":"Removal by Clerk.","body":"(a)\tThe clerk has the power and authority on information or complaint made to remove any guardian appointed under the provisions of this Subchapter, to appoint successor guardians, and to make rules or enter orders for the better management of estates and the better care and maintenance of wards and their dependents.\n(b)\tIt is the clerk's duty to remove a guardian or to take other action sufficient to protect the ward's interests in the following cases:\n(1)\tThe guardian wastes the ward's money or estate or converts it to his own use.\n(2)\tThe guardian in any manner mismanages the ward's estate.\n(3)\tThe guardian neglects to care for or maintain the ward or his dependents in a suitable manner.\n(4)\tThe guardian or his sureties are likely to become insolvent or to become nonresidents of the State.\n(5)\tThe original appointment was made on the basis of a false representation or a mistake.\n(6)\tThe guardian has violated a fiduciary duty through default or misconduct.\n(7)\tThe guardian has a private interest, whether direct or indirect, that might tend to hinder or be adverse to carrying out his duties as guardian.\n(8)\tThe guardian has been adjudged incompetent by a court of competent jurisdiction and has not been restored to competence.\n(9)\tThe guardian has been convicted of a felony under the laws of the United States or of any state or territory of the United States or of the District of Columbia and his citizenship has not been restored.\n(10)\tThe guardian was originally unqualified for appointment and continues to be unqualified, or the guardian would no longer qualify for appointment as guardian due to a change in residence, a change in the charter of a corporate guardian, or any other reason.\n(11)\tThe guardian is the ward's spouse and has lost his rights as provided by Chapter 31A of the General Statutes.\n(12)\tThe guardian fails to post, renew, or increase a bond as required by law or by order of the court.\n(13)\tThe guardian refuses or fails without justification to obey any citation, notice, or process served on him in regard to the guardianship.\n(14)\tThe guardian fails to file required accountings with the clerk.\n(15)\tThe clerk finds the guardian unsuitable to continue serving as guardian for any reason.\n(16)\tThe guardian is a nonresident of the State and refuses or fails to obey any citation, notice, or process served on the guardian or the guardian's process agent.\n(17)\tThe guardian is a licensed attorney, and the clerk is in receipt of an order entered pursuant to G.S. 84-28 enjoining, suspending, or disbarring the attorney.\n(c)\tRepealed by Session Laws 2017-158, s. 4, effective July 21, 2017. (1987, c. 550, s. 1; 2004-203, s. 31(b); 2017-158, s. 4.)","path":["Chapter 35A. Incompetency and Guardianship.","Subchapter II. Guardian And Ward.","Article 13. Removal or Resignation of Guardian; Successor Guardian; Estates Without Guardians; Termination of Guardianship."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_35A/GS_35A-1290.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T18:00:52Z","sha256":"6feb473309be35cf134556e0456f383ff1758c053abde4785dcfcf57d0ec92cc","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-35a-1282-through-35a-1289","next":"us-nc/n.c.-gen.-stat.-35a-1291"},"notice":"GroundRules: Original legal text. Not legal advice."}