North Carolina > Statewide > Special Proceedings
Order On Petition For Adjudication Of Incompetence SP-202 - North Carolina
| Order On Petition For Adjudication Of Incompetence Form. This is a North Carolina form and can be used in Special Proceedings Statewide . |
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File No. STATE OF NORTH CAROLINA In The General Court Of Justice Superior Court Division County Before the Clerk IN THE MATTER OF: Name And Address Of Respondent ORDER ON PETITION FOR ADJUDICATION OF INCOMPETENCE Date Of Birth Drivers License No. Of Respondent State G.S. 35A-1112, -1113, -1116, -1120, -1205 This matter is before the Court on a Petition for an adjudication of incompetence of the respondent. This Court has jurisdiction of the subject matter of this proceeding and of the person of the respondent; a copy of the Petition and a notice of this hearing were properly served on all persons entitled thereto; and this county is a proper venue. A hearing was held before the Clerk of Superior Court and a jury. After hearing the evidence and the instructions of the Court, and upon deliberation, the jury did did not find by clear, cogent, and convincing evidence that the respondent is incompetent. is incompetent to a limited extent and may retain some rights and privileges. A hearing was held before the Clerk of Superior Court and, after hearing the evidence, the Court does does not find by clear, cogent, and convincing evidence that the respondent is incompetent is incompent to a limited extent and may retain some rights and privileges. ORDER It is adjudged that the Respondent is incompetent incompetent to a limited extent and it is ORDERED that: a guardian be appointed by this Court. for good cause shown, the proceeding for the appointment and qualification of a guardian is transferred to (NOTE TO CLERK: All original documents from the incompetency and estate files in this matter are to be sent to the county where this case is transferred.) County To Which Guardianship Proceeding Transferred is not incompetent and the proceeding is dismissed. Pursuant to G.S. 35A-1116, costs are: taxed to: Petitioner. Respondent. waived. Date Signature Assistant CSC Clerk of Superior Court NOTE TO CLERK: If the respondent is adjudicated incompetent, then in all cases send a certified copy of this Order or a "Notice of Involuntary Commitment or Adjudication of Incompetency"(DL-24) to the Division of Motor Vehicles. G.S. 20-17.1(b). If the respondent resides in another county, also send a certified copy of this Order to the Clerk of the county of the respondents legal residence to be filed and indexed as a special proceeding in that county. G.S. 35A-1112(f). If a guardian is appointed, a new estate should be opened and copies of the original petition and of this Order should be placed in the separate "E" file for the new estate. CERTIFICATION I certify that this Order on Petition For Adjudication Of Incompetence is a true and complete copy of the original on file in this case. Date Signature Deputy CSC Assistant CSC CSC AOC-SP-202, Rev. 7/04 2004 Administrative Office of the Courts
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