Laws of North Carolina (Last Updated: May 12, 2015) |
Chapter35A. Incompetency and Guardianship. |
SubchapterI. PROCEEDINGS TO DETERMINE INCOMPETENCE |
Article1. Determination of Incompetence |
§35A-1113. Hearing when incompetence determined in another state
-
When the petition alleges that the respondent is incompetent on the basis of an adjudication that occurred in another state, the clerk in his discretion may:
(1) Adjudicate incompetence on the basis of the prior adjudication, if the clerk first finds by clear, cogent, and convincing evidence that:
a. The respondent is represented by an attorney or guardian ad litem; and
b. A certified copy of an order adjudicating the respondent incompetent has been filed in the proceeding; and
c. The prior adjudication was made by a court of competent jurisdiction on grounds comparable to a ground for adjudication of incompetence under this Article; and
d. The respondent, subsequent to the adjudication of incompetence in another state, assumed residence in North Carolina and needs a guardian in this State; or
(2) Decline to adjudicate incompetence on the basis of the other state's adjudication, and proceed with an adjudicatory hearing as in any other case pursuant to this Article.