§ 35A-1113. Hearing when incompetence determined in another state. - North Carolina Statutes

§35A‑1113.  Hearing when incompetence determined in another state.

When the petition alleges thatthe respondent is incompetent on the basis of an adjudication that occurred inanother state, the clerk in his discretion may:

(1)        Adjudicateincompetence on the basis of the prior adjudication, if the clerk first findsby clear, cogent, and convincing evidence that:

a.         The respondent isrepresented by an attorney or guardian ad litem; and

b.         A certified copy ofan order adjudicating the respondent incompetent has been filed in theproceeding; and

c.         The prioradjudication was made by a court of competent jurisdiction on groundscomparable to a ground for adjudication of incompetence under this Article; and

d.         The respondent,subsequent to the adjudication of incompetence in another state, assumedresidence in North Carolina and needs a guardian in this State; or

(2)        Decline toadjudicate incompetence on the basis of the other state's adjudication, andproceed with an adjudicatory hearing as in any other case pursuant to thisArticle. (1987, c. 550, s. 1.)