35A-1101. Definitions. The following definitions apply in this Subchapter: (1) Autism – A physical disorder of the brain which causes disturbances in the developmental rate of physical, social, and language skills; abnormal responses to sensations; absence of or delay in speech or language; or abnormal ways of relating to people, objects, and events. Autism occurs […]
35A-1102. Scope of law; exclusive procedure. This Article establishes the exclusive procedure for adjudicating a person to be an incompetent adult or an incompetent child. However, nothing in this Article shall interfere with the authority of a judge to appoint a guardian ad litem for a party to litigation under Rule 17(b) of the North […]
35A-1103. Jurisdiction; venue. (a) The clerk in each county shall have original jurisdiction over proceedings under this Subchapter, subject to the rules set forth in Article 2 of Chapter 35B of the General Statutes. (b) Venue for proceedings under this Subchapter shall be in the county in which the respondent resides or is domiciled or […]
35A-1104. Change of venue. The clerk, on motion of a party or the clerk’s own motion, may order a change of venue upon finding that no hardship or prejudice to the respondent will result from a change of venue. (1987, c. 550, s. 1.)
35A-1105. Petition before clerk. A verified petition for the adjudication of incompetence of an adult, or of a minor who is within six months of reaching majority, may be filed with the clerk by any person, including any State or local human services agency or healthcare provider through its authorized representative without the need for […]
35A-1106. Contents of petition. The petition shall set forth, to the extent known: (1) The name, age, address, and county of residence of the respondent; (2) The name, address, and county of residence of the petitioner, and his interest in the proceeding; (3) A general statement of the respondent’s assets and liabilities with an estimate […]
35A-1107. Right to counsel or guardian ad litem. (a) The respondent is entitled to be represented by counsel of his own choice or by an appointed guardian ad litem. Upon filing of the petition, an attorney shall be appointed as guardian ad litem to represent the respondent unless the respondent retains his own counsel, in […]
35A-1108. Issuance of notice. (a) Within five days after filing of the petition, the clerk shall issue a written notice of the date, time, and place for a hearing on the petition, which shall be held not less than 10 days nor more than 30 days after service of the notice and petition on the […]
35A-1109. Service of notice and petition. (a) Copies of the petition and initial notice of hearing shall be personally served on the respondent. Respondent’s counsel or guardian ad litem shall be served pursuant to G.S. 1A-1, Rule 4, Rules of Civil Procedure. A sheriff who serves the notice and petition shall do so without demanding […]
35A-1110. Right to jury. The respondent has a right, upon request by him, his counsel, or his guardian ad litem, to trial by jury. Failure to request a trial by jury shall constitute a waiver of the right. The clerk may nevertheless require trial by jury in accordance with G.S. 1A-1, Rule 39(b), Rules of […]
35A-1111. Multidisciplinary evaluation. (a) To assist in determining the nature and extent of a respondent’s disability, or to assist in developing an appropriate guardianship plan and program, the clerk, on his own motion or the motion of any party, may order that a multidisciplinary evaluation of the respondent be performed. A request for a multidisciplinary […]
35A-1112. Hearing on petition; adjudication order. (a) The hearing on the petition shall be at the date, time, and place set forth in the final notice of hearing and shall be open to the public unless the respondent or his counsel or guardian ad litem requests otherwise, in which event the clerk shall exclude all […]
35A-1114. Appointment of interim guardian. (a) At the time of or subsequent to the filing of a petition under this Article, the petitioner or guardian ad litem may also file a verified motion with the clerk seeking the appointment of an interim guardian. (b) The motion filed by the petitioner or guardian ad litem shall […]
35A-1115. Appeal from clerk’s order. Appeal from an order adjudicating incompetence shall be to the superior court for hearing de novo and thence to the Court of Appeals. An appeal does not stay the appointment of a guardian unless so ordered by the superior court or the Court of Appeals. The Court of Appeals may […]
35A-1116. Costs and fees. (a) Costs. – Except as otherwise provided herein, costs shall be assessed as in special proceedings. Costs, including any reasonable fees and expenses of counsel for the petitioner which the clerk, in his discretion, may allow, may be taxed against either party in the discretion of the court unless: (1) The […]
