Company: North Carolina General Assembly

North Carolina Attorney General Opinion

§ 35A‑1253.  Specific duties of guardian of estate.
In addition to any other duties imposed by law or by order of the clerk, a general guardian or guardian of the estate shall have the following specific duties:
(1)	To take possession, for the ward's use, of all his estate.
(2)	To diligently endeavor to collect, by all lawful means, all bonds, notes, obligations, or moneys due his ward.
(3)	To pay income taxes, property taxes, or other taxes or assessments owed by the ward, out of the ward's estate, as required by law.  If any guardian allows his ward's lands to be sold for nonpayment of taxes or assessments, he shall be liable to his ward for the full value thereof.
(4)	To observe the standard of judgment and care under the circumstances then prevailing that an ordinarily prudent person of discretion and intelligence, who is a fiduciary of the property of others, would observe as such fiduciary in acquiring, investing, reinvesting, exchanging, retaining, selling, and managing the ward's property.  If the guardian has special skills or is named as guardian on the basis of representations of special skills or expertise, to use those skills.
(5)	To obey all lawful orders of the court pertaining to the guardianship and to comply with the accounting requirements of this Subchapter.
Nothing in this section shall be construed as broadening the powers granted in G.S. 35A‑1251 or G.S. 35A‑1252. (1987, c. 550, s. 1.)

G.S. 35a-1253		Page