Notice of Hearing OnIncompetenceMotion in the Cause Form
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People also ask
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How do you declare someone incompetent in NC?
Incompetence is determined in a court proceeding and means an adult is unable to manage his own affairs, or is unable to make important decisions. Anyone may file a written request (a petition) with the clerk of superior court alleging that an adult (the respondent) should be declared incompetent.
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How do I make someone a ward of the state in NC?
For someone to become a ward, a judge must find them incapacitated or incompetent. They must suffer from a “condition in which a person is incapable of managing their own affairs.” Once the court determines that a person is incapacitated, the court will appoint a guardian.
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How do you deal with failure to appear in NC?
If a Failure to Appear is issued, in some cases a judge can “strike” the Failure to Appear and give you a new court date. Your attorney can assist you in making this request, or if you do not have an attorney, you can file it yourself with the clerk of court. You should bring proof of your reason for missing court.
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What is an example of how someone can be incompetent?
If you are incompetent, you are not able to complete a task, like if you only ever made peanut butter and jelly sandwiches — you would be incompetent in the kitchen of a fancy French restaurant. Someone who is not very good at getting a job done is incompetent. An incompetent salesperson can't sell anything.
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How is someone determined to be incompetent?
Someone is considered incompetent when they are unable to manage their own affairs due to mental incapacity (such as deterioration or psychosis) or sometimes due to a serious physical disability. Incompetence can be used to appoint a guardian or conservator to manage the affairs of the incapacitated person.
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