NORTH CAROLINA ADMINISTRATIVE OFFICE OF THE COURTS

AOC-SP-905 — Petition for Appointment of Guardian ad Litem

Fill in the case details below and download a court-ready SP-905 Petition PDF instantly. Free. No account required. G.S. 35A-1107.
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01 CASE INFORMATION
02 PETITIONER INFORMATION
03 PURPOSE OF GUARDIAN AD LITEM APPOINTMENT
04 PROPOSED GUARDIAN AD LITEM
FILING COUNTY
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STATUTORY REFERENCE

G.S. 35A-1107GAL in incompetency
G.S. 35A-1101(7)Guardian ad litem defined
Rule 17(b)GAL for minor/incompetent
G.S. 1A-1, R.17Rules of Civil Procedure
G.S. 7B-601GAL in juvenile cases

PURPOSE OF A GUARDIAN AD LITEM

  • A GAL represents the interests of a ward or minor in court proceedings
  • In incompetency cases, the court appoints a GAL to ensure the respondent's interests are protected before adjudication
  • A GAL is different from a general guardian — the appointment is limited to the specific proceeding
  • The GAL investigates, consults with the ward, and reports to the court
  • GAL appointment is mandatory in incompetency petitions under G.S. 35A-1107

COURT APPOINTMENT PROCESS

  • File this petition with the Clerk of Superior Court
  • The Clerk or Court reviews the petition and proposed GAL
  • If no proposed GAL is approved, the Court may appoint a GAL from its list
  • The GAL must accept the appointment in writing
  • GAL compensation may be ordered by the court

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