Fill and Sign the Motion in the Cause Form

Time STATE OF NORTH CAROLINA Time AM PM Place To Appear A motion has been filed requesting that the existing guardianship in this matter be modified. A motion for the appointment of an interim guardian has also been made (applies only for incompetence hearings). You are further notified to appear before the Clerk on the earlie r date and at the time and place specified below for a hearing on the motion for the appointment of an interim guardian contained in th e attached petition. (Disregard if box above is not checked .) Date Of Hearing On Interim Guardian Date Of Hearing (Over)In The General Court Of Justice Superior Court DivisionBefore the Clerk County NOTICE OF HEARING ON AND ORDER APPOINTING GUARDIAN AD LITEM G.S. 35A-1107, -1108, -1109, -1112, -1207 AOC-SP-201, Rev. 6/04 Name And Address Where Respondent Is Located File No. 2004 Administrative Office of the Courts IN THE MATTER OF: INCOMPETENCE MOTION IN THE CAUSE County Name And Address Of Attorney Guardian ad Litem State Bar No. You are notified to appear before the Clerk of Super ior Court on the date and at the time and place specif ied below for a hearing on the attached Petition/Motion. You may file a written response in the office of the Clerk on or before the time set for the hearing. If, at the hearing, the Court finds by clear, cogent and convincin g evidence that the respondent is incompetent, an adjudication o f incompetence will be entered and a guardian of the person or a gu ardian of the estate or a general guardian or a limited guardian may be appointed. NOTICE If, at the hearing, the Court finds that the guardianship shou ld be modified an order of modification will be entered. A petition has been filed alleging that the respondent is incompetent and requesting that a guardian be appointed. INSTRUCTIONS TO PETITIONER: This Notice and a copy of the petition must be personally served on the respondent and must be served on the guardian ad li tem by any method that complies with Rule 4 of the Rules of Civil Procedure. In addition, within five (5) days af ter filing the petition, you must mail this Notice and a copy of the petition, by first class mail, to the respondent's next of kin named on the petition and any other person(s) the clerk may designate (except those person(s) who have accepted notice) and file with the Clerk an affidavit of that mailing or a certificate of acceptance of notice. INSTRUCTIONS TO MOVANT: This Notice and a copy of the motion must be served on the respondent and must be served on the guardian ad litem by f irst class mail or any other method that complies with Rule 5 of the Rules of Civil Procedure or first-class mail. I n addition, you must mail this Notice and a copy of the motion, by first class mail, to any person(s) the Clerk may designate, except those person(s) who have accepted notice, and file wit h the Clerk an affidavit of that mailing or a certificate of acceptance of notice. ORDER APPOINTING GUARDIAN AD LITEM It is ORDERED that the attorney named above be and her eby is appointed as guardian ad litem to represent the respondent at all stages of this proceeding. The responde nt has the right to retain his/her own attorney, at his/her own expense, and if he/she does so, the Court may discharge th e guardian ad litem. Date AM PM Time Signature Assistant CSC Clerk Of Superior Court Place To Appear AM PM Signature Of Deputy Sheriff Making Return AOC-SP-201, Side Two,Rev. 6/042004 Administrative Office of the Courts RETURN OF SERVICE I certify that this Notice and a copy of the Petition were received and served as follows: Respondent was not served for the following reason: RESPONDENT Date Served Name Of Respondent Time Served PM AM By delivering to the respondent named above a copy of the Notice and Petition. Address Where Respondent Served GUARDIAN AD LITEM By leaving a copy of the Notice and Petition at the guardian ad litem's dwelling house or usual place of abode with a person of suitable age and discretion residing therein. Other manner of service (specify) Address Where Copies Delivered Or Left Name Of Person With Whom Copies Left Date Served Name Of Guardian Ad Litem Time Served PM AM Service accepted by guardian ad litem. Signature of Guardian Ad Litem Date Accepted By delivering to the guardian ad litem named above per sonally a copy of the Notice and Petition. Guardian ad litem WAS NOT served for the following reason: Date Received Name Of Deputy Sheriff (Type Or Print) County Of Sheriff Date Of Return