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INCOMPETENCE
PROCEEDINGS
NOTICE
Incompetence Proceedings can
be extremely complex and demand
knowledge of the law and high attention to detail. It is strongly recommended that you seek
competent legal counsel to assist you. If you do this yourself YOU ARE ACTING AS YOUR OWN ATTORNEY. If you need
assistance completing the forms or have legal questions, you must consult
an attorney. Clerk’s office staff
will assist you with procedural matters only that are related to the special proceedings
process, but are expressly forbidden by law to offer you legal advice,
assist your with completing forms or answer legal questions. Filing
fees are required and payment for service to the Sheriff for service of any
notice.
To Obtain Forms
and Instructions
It is helpful to
read and/or review documents before trying to complete them. Please use
full names and addresses on all forms. Forms must be completed and
notarized with the correct number of copies indicated on the checklist
before filing with the clerk. Please keep forms in order with originals on
top. All printed forms must be legible. Forms that are not legible and
complete will not be accepted.
Present the
following to start the process:
AOC-SP-201- Notice of Hearing On
Incompetence (Only fill out the
county, name and location of respondent)
(Fill out 2 copies of this Notice for service on the ward.
AOC-SP-200 - Petition for Adjudication Of Incompetence And Application For
Appointment of Guardian (Complete the entire and You
must provide complete names and addresses (when known) of any next of kin
or interested party to the action in the space provided on the Petition.
Failure to name interested parties will result in dismissal of your case. )
After filing, you
must serve each next of kin and interested party named in the Petition,
including anyone the Clerk may add. Complete in duplicate AOC-SP-201- Notice of Hearing On
Incompetence for each person to be served.
AOC-SP-207 – Certificate of Service (Complete this form
indicating service consistent with the instructions on the form to all next
of kin and interested persons noticed.)
The Clerk of Superior Court
will preside over the hearing. You must present evidence and be prepared to
prove the incompetence of the ward. In lieu of appearance by a medical
doctor, the court will accept a written statement from a doctor provided it
is submitted to the court consistent with the Rules of Civil
Procedure. The ward must be present
at the hearing or you must submit credible evidence that would cause the
Court to waive the appearance of the ward.
Should the ward be found incompetent, a hearing
to determine guardianship will be conducted
by the Clerk.
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