§ 35A-1201. Purpose.
SUBCHAPTERII. GUARDIAN AND WARD.
Article 4.
Purpose and Scope;Jurisdiction; Venue.
§ 35A‑1201. Purpose.
(a) The GeneralAssembly of North Carolina recognizes that:
(1) Some minors andincompetent persons, regardless of where they are living, require theassistance of a guardian in order to help them exercise their rights, includingthe management of their property and personal affairs.
(2) Incompetent personswho are not able to act effectively on their own behalf have a right to aqualified, responsible guardian.
(3) The essentialpurpose of guardianship for an incompetent person is to replace theindividual's authority to make decisions with the authority of a guardian whenthe individual does not have adequate capacity to make such decisions.
(4) Limiting the rightsof an incompetent person by appointing a guardian for him should not beundertaken unless it is clear that a guardian will give the individual a fullercapacity for exercising his rights.
(5) Guardianship shouldseek to preserve for the incompetent person the opportunity to exercise thoserights that are within his comprehension and judgment, allowing for thepossibility of error to the same degree as is allowed to persons who are notincompetent. To the maximum extent of his capabilities, an incompetent personshould be permitted to participate as fully as possible in all decisions thatwill affect him.
(6) Minors, because theyare legally incompetent to transact business or give consent for most purposes,need responsible, accountable adults to handle property or benefits to whichthey are entitled. Parents are the natural guardians of the person of theirminor children, but unemancipated minors, when they do not have naturalguardians, need some other responsible, accountable adult to be responsible fortheir personal welfare and for personal decision‑making on their behalf.
(b) The purposes ofthis Subchapter are:
(1) To establishstandards and procedures for the appointment of guardians of the person,guardians of the estate, and general guardians for incompetent persons and forminors who need guardians;
(2) To specify thepowers and duties of such guardians;
(3) To provide for theprotection of the person and conservation of the estate of the ward throughperiodic accountings and reports; and
(4) To provide for thetermination of guardianships. (1987, c. 550, s. 1.)