A guardian of the estate for any unemancipated minor may be appointed under G.S. Chapter 35A to receive and administer property on the minor’s behalf. G.S. 35A-1221; G.S. 35A-1251; G.S. 35A-1202(12) (requiring also that the minor must not be married). This is because such minors are legally incompetent to transact business or give consent for most purposes. G.S. 35A-1201(a)(6); see G.S. 7B-3507 (rights of emancipated minors). Unemancipated minors therefore need responsible, accountable adults to handle property or benefits to which they are entitled. Id.Continue Reading
UPDATE: During the third extra session of 2018, the General Assembly passed House Bill 1025. It was signed by Governor Cooper and became law effective December 14, 2018. It is now Session Law 2018-142. The full text is available here. Senate Bill 778 did not pass.
In all of the hustle and bustle of news related to the budget, you may have missed a bill filed that impacts law regarding estates and powers of attorney. Below are just some of the changes that would occur if Senate Bill 778 becomes law. You can follow along with the progress of this bill here. [Note, House Bill 1025 includes some of the changes in SB 778 related to powers of attorney as indicated below; HB 1025 does not include the living probate, estate administration, or electronic wills changes described in this post. You can follow along with the progress of HB 1025 here.] Continue Reading