If you currently have guardianship in another state and wish to register that guardianship in North Carolina, you can do so using this form. Incompetent adults have the right to vote and the right to marry. The court could appoint a non-family member as a guardian. These documents must be served either by the sheriff, certified mail, or other means in accordance with provisions of G.S. Types of Guardians The clerk may appoint a guardian of the person a guardian of the estate or a general guardian. Incompetent adults have the right to file motions or appeals in their guardianship cases and have the right to be represented by an attorney or guardian ad litem in these proceedings. In the clerk of superior court’s order appointing a guardian(s), the powers and duties of the guardian(s) are outlined. The respondent can choose to hire his or her own attorney. Guardianship generally terminates when the ward dies. A party may request the transfer of the guardianship to the county where the ward now lives, or the court may transfer the guardianship on its own initiative. In North Carolina, there are three different types of guardianship, including: Guardian of the Person – this type of Guardian makes personal decisions for the Ward such as where he/she will live or what doctors will treat the Ward. Again, to terminate a guardianship in this way, the guardian must file a petition with the court, announcing their intent to resign. The respondent, his or her counsel or guardian ad litem may request a jury trial. You should take the time to discuss the process with a knowledgeable North Carolina guardianship attorney. Termination of guardianship. § 35A‑1295. If a party appeals the decision on the issue of competence, there will be a new hearing before a superior court judge. Yes. The person who filed the motion must prove by a preponderance of the evidence that the ward is now able to manage his or her own affairs and to make and communicate important decisions about him or herself and his or her family and property. Basic identifying information about the respondent is necessary to complete a petition. 1A-1, Rule 4, Rules of Civil Procedure. A clerk can also appoint an interim guardian on his or her own motion at the hearing on the petition for adjudication of incompetence if the clerk finds this to be in the respondent’s best interest. A party may appeal in writing within 10 days of the clerk’s decision. North Carolina law requires any person having reasonable cause to believe that a disabled adult is in need of protective services to report such information. There is no court form available to file a notice of appeal. The guardian may have the authority to decide where and with whom the ward lives, what medical treatment the ward receives, how to handle the ward’s money and property, how to resolve legal claims or court cases in which the ward is involved, and whether to enter into contracts on the ward’s behalf. (a) Every guardianship shall be terminated and all powers and duties of the guardian provided in Article 9 of this Chapter shall cease when the ward: (1) Ceases to be a minor as defined in G.S. of a judge to appoint a guardian ad litem for a party to litigation under Rule 17(b) of the North Carolina Rules of Civil Procedure. North Carolina law encourages clerks to consider limited guardianships tailored to the needs of the incompetent person. 35A-1130, or (3) Dies. An appeal hearing is not a new trial, but allows a superior court judge to review whether the record shows any error by the clerk. 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