Bill Summary for S 50 (2021-2022)

Summary date: 

Mar 9 2021

Bill Information:

View NCGA Bill Details2021
Senate Bill 50 (Public) Filed Wednesday, February 3, 2021
AN ACT TO MAKE VARIOUS CHANGES TO THE GENERAL STATUTES REGARDING ESTATES AND TRUSTS.
Intro. by Daniel, Galey.

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Bill summary

House committee substitute amends the 2nd edition as follows.

Part II

Amends proposed GS 35A-1121, which allows superior court clerks to enter specified protective arrangements or other transactions for minors or incompetent persons without appointing a guardian. Modifies the language to authorize the clerks to order rather than enter a protective arrangement or other transaction pursuant to the statute. Adds to the authorized arrangements and transactions to additionally permit clerks to authorize a special fiduciary to execute any transaction, contract, or trust on behalf of the minor or incompetent person with regards to the authorized transactions necessary to meet the foreseeable needs, or tend to the property and business affairs of, the minor or incompetent person. Modifies the language to allow the clerk to appoint a temporary guardian, rather than a limited guardian, to assist in accomplishing any protective arrangement or transaction authorized under the statute. Adds a new subsection to specify that transactions by a special fiduciary or temporary guardian appointed pursuant to the statute are subject to the same procedural and reporting requirements that would otherwise apply to the sale, mortgage, exchange, lease, or gift of such property by a guardian of the estate or general guardian under the Chapter. 

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