§ 35A-1340. Gifts authorized with approval of judge of superior court.
Article18.
Gifts from Principal forCertain Purposes.
§ 35A‑1340. Giftsauthorized with approval of judge of superior court.
With the approval of theresident judge of the superior court of the district in which the guardian wasappointed upon a duly verified petition, the guardian of a person judiciallydeclared to be incompetent may, from the principal of the incompetent's estate,make gifts to the State of North Carolina, its agencies, counties ormunicipalities, or the United States or its agencies or instrumentalities, orfor religious, charitable, literary, scientific, historical, medical oreducational purposes, or to individuals including the guardian. Theincompetent's estate shall consist of all assets owned by the incompetent,including nonprobate assets. For purposes of this Article, nonprobate assetsare those which would not be distributable in accordance with the incompetent'svalid probated will or the provisions of Chapter 29 at the incompetent's death.The incompetent's nonprobate estate would include nonprobate assets only.References in this Article to the "guardian" include any Trusteeappointed by the court under prior law as fiduciary for the incompetent ward'sestate. (1963, c. 112, s. 1; 1987, c. 550, s. 5; 1999‑270,s. 4.)