AOC-SP-200 — Petition for Adjudication of Incompetency

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01 PETITIONER INFORMATION

Petitioner Full Name *

Petitioner Address *

Relationship to Respondent *

02 RESPONDENT (ALLEGED INCOMPETENT PERSON)

Respondent Full Name *

Date of Birth *

Respondent Address *

County *

File No. (if assigned)

03 NATURE OF INCAPACITY

Basis of Alleged Incapacity — select all that apply *

04 EFFECT OF INCAPACITY ON RESPONDENT'S AFFAIRS

How does the incapacity affect the respondent's ability to manage personal, financial, or health care affairs? *

05 PROPOSED GUARDIAN

Proposed Guardian Full Name *

Proposed Guardian Address *

Relationship to Respondent *

Statement of Fitness / Qualifications

06 TYPE OF GUARDIANSHIP REQUESTED

Guardianship Type *

07 VETERAN STATUS

Is the respondent a veteran receiving benefits from the U.S. Department of Veterans Affairs?

FILING COUNTY

— Select above —

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STATUTORY REFERENCE

G.S. 35A-1101Definitions

G.S. 35A-1102Jurisdiction — Superior Court

G.S. 35A-1103Who may petition

G.S. 35A-1105Contents of petition

G.S. 35A-1107Guardian ad litem appointed

G.S. 35A-1112Adjudication hearing

G.S. 35A-1215General Guardian powers

RESPONDENT'S RIGHTS

Right to be present and participate in the hearing
Right to retain counsel; attorney appointed if unable to afford one
Right to demand a jury trial on the question of incompetency
Right to present evidence and cross-examine witnesses
Court will appoint a guardian ad litem to represent the respondent's interests
Court may order limited guardianship preserving some rights

GUARDIANSHIP TYPES

General Guardian — manages both person and estate
Guardian of Person — personal care, housing, medical decisions only
Guardian of Estate — financial matters and property only

NEED AN ATTORNEY?

Guardianship proceedings are complex — an attorney is strongly recommended
Barker Richardson, PLLC →
Official NC AOC Forms →

AOC-SP-200 — Petition for Adjudication of Incompetency and Application for Appointment of Guardian

⚡ AUTO-FILL FROM CLIO

STATUTORY REFERENCE

RESPONDENT'S RIGHTS

GUARDIANSHIP TYPES

NEED AN ATTORNEY?