AN ACT to allow the parents of an incompetent adult who is not married to recommend a guardian for that adult by will or other document.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 5 of Chapter 35A is amended by adding a new section to read:
"§ 35A‑1212.1.  Recommendation of appointment of guardian by will or other writing.
Any parent may by will recommend appointment of a guardian for an unmarried child who has been adjudicated an incompetent person and specify desired limitations on the powers to be given to the guardian.  If both parents make such recommendations, the will with the latest date shall, in the absence of other relevant factors, prevail.  Such recommendation shall be a strong guide for the clerk in appointing a guardian, but the clerk is not bound by the recommendation if the clerk finds that a different appointment is in the incompetent adult's best interest.  If the will specifically so directs, a guardian appointed pursuant to such recommendation may be permitted to qualify and serve without giving bond, unless the clerk finds as a fact that the interest of the incompetent adult would be best served by requiring the guardian to give bond."
SECTION 2.  G.S. 35A‑1214 reads as rewritten:
"§ 35A‑1214.  Priorities for appointment.
The clerk shall consider appointing a guardian according to the following order of priority: an individual recommended under G.S. 35A‑1212.1; an individual; a corporation; or a disinterested public agent. No public agent shall be appointed guardian until diligent efforts have been made to find an appropriate individual or corporation to serve as guardian, but in every instance the clerk shall base the appointment of a guardian or guardians on the best interest of the ward."
SECTION 3.  G.S. 35A‑1230 reads as rewritten:
"§ 35A‑1230.  Bond required before receiving property.
Except as otherwise provided by G.S. 35A‑1212.1 and G.S. 35A‑1225(a), no general guardian or guardian of the estate shall be permitted to receive the ward's property until he has given sufficient surety, approved by the clerk, to account for and apply the same under the direction of the court, provided that if the guardian is a nonresident of this State and the value of the property received exceeds one thousand dollars ($1,000) the surety shall be a bond under G.S. 35A‑1231(a) executed by a duly authorized surety company, or secured by cash in an amount equal to the amount of the bond or by a mortgage executed under Chapter 109 of the General Statutes on real estate located in the county, the value of which, excluding all prior liens and encumbrances, shall be at least one and one‑fourth times the amount of the bond; and further provided that the nonresident shall appoint a resident agent to accept service of process in all actions and proceedings with respect to the guardianship. The clerk shall not require a guardian of the person who is a resident of North Carolina to post a bond; the clerk may require a nonresident guardian of the person to post a bond or other security for the faithful performance of the guardian's duties."

SECTION 4.  This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 16th day of August, 2005.

	s/	 Marc Basnight
	 President Pro Tempore of the Senate

	s/	 James B. Black
	 Speaker of the House of Representatives

	s/	 Michael F. Easley
	 Governor

Approved 11:41 a.m. this 26th day of August, 2005