[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"detail-sidebar-cat-1-en-105":3,"doc-seo-280176-105":53,"doc-detail-280176-en":127},{"code":4,"msg":5,"data":6},0,"success",[7,14,19,24,29,34,39,44,49],{"id":8,"doc_module":9,"doc_module_name":10,"category_name":11,"show_sort_weight":12,"slug":13},11,1,"Template","Presentations",90,"presentations",{"id":15,"doc_module":9,"doc_module_name":10,"category_name":16,"show_sort_weight":17,"slug":18},12,"Resumes",80,"resumes",{"id":20,"doc_module":9,"doc_module_name":10,"category_name":21,"show_sort_weight":22,"slug":23},14,"Invoices",70,"invoices",{"id":25,"doc_module":9,"doc_module_name":10,"category_name":26,"show_sort_weight":27,"slug":28},15,"Posters",60,"posters",{"id":30,"doc_module":9,"doc_module_name":10,"category_name":31,"show_sort_weight":32,"slug":33},16,"Social Media",50,"social-media",{"id":35,"doc_module":9,"doc_module_name":10,"category_name":36,"show_sort_weight":37,"slug":38},17,"Forms",40,"forms",{"id":40,"doc_module":9,"doc_module_name":10,"category_name":41,"show_sort_weight":42,"slug":43},18,"Letters",30,"letters",{"id":45,"doc_module":9,"doc_module_name":10,"category_name":46,"show_sort_weight":47,"slug":48},21,"Paper Templates",5,"papers-templates",{"id":50,"doc_module":9,"doc_module_name":10,"category_name":51,"show_sort_weight":4,"slug":52},158,"General","general-158",{"code":4,"msg":54,"data":55},"ok",{"site_id":56,"language":57,"slug":58,"title":59,"keywords":60,"description":61,"schema_data":62,"social_meta":120,"head_meta":122,"extra_data":124,"updated_unix":126},105,"en","restoration-to-competency-two-step-process","Restoration to Competency - Two Step Process","","Restoration to Competency outlines a structured two step approach for addressing an incompetent ward under G.S. 35A-1130. Step 1 focuses on the incompetency proceedings (1100s) using special proceeding standards requiring clear, cogent, and convincing proof. Step 2 addresses guardianship proceedings (1200s), emphasizing estate proceeding purposes and the best interests of the ward. The material also covers what the petitioner must file, verification requirements, who may petition, motion practice, and the circumstances for obtaining medical evidence and filing exceptions, including jurisdiction and timing for the hearing.",{"@graph":63,"@context":119},[64,80,102],{"@type":65,"itemListElement":66},"BreadcrumbList",[67,71,74,77],{"item":68,"name":69,"@type":70,"position":9},"https://docshare.wps.com","Home","ListItem",{"item":72,"name":10,"@type":70,"position":73},"https://docshare.wps.com/template/",2,{"item":75,"name":41,"@type":70,"position":76},"https://docshare.wps.com/template/letters/",3,{"item":78,"name":59,"@type":70,"position":79},"https://docshare.wps.com/template/restoration-to-competency-two-step-process/280176/",4,{"url":78,"name":59,"@type":81,"image":82,"author":87,"headline":59,"publisher":90,"fileFormat":93,"inLanguage":57,"description":61,"dateModified":94,"datePublished":95,"encodingFormat":93,"isAccessibleForFree":96,"interactionStatistic":97},"DigitalDocument",{"url":83,"@type":84,"width":85,"height":86},"https://docshare.wps.com/thumbnails/restoration-to-competency-two-step-process/280176.png","ImageObject",442,249,{"name":88,"@type":89},"Aria Callaghan","Person",{"url":68,"name":91,"@type":92},"DocShare","Organization","application/pdf","2026-10-28","2026-09-16",true,{"@type":98,"interactionType":99,"userInteractionCount":101},"InteractionCounter",{"@type":100},"ViewAction",13,{"@type":103,"mainEntity":104},"FAQPage",[105,111,115],{"name":106,"@type":107,"acceptedAnswer":108},"What are the two steps in the Restoration to Competency process?","Question",{"text":109,"@type":110},"The process uses two steps: Step 1 addresses incompetency proceedings (1100s) through a special proceeding standard, and Step 2 proceeds with guardianship proceedings (1200s) focused on estate proceeding goals and the best interests of the ward.","Answer",{"name":112,"@type":107,"acceptedAnswer":113},"Who is allowed to petition for restoration under G.S. 35A-1130(a)?",{"text":114,"@type":110},"The petition may be filed by the ward, the guardian, or any other interested person, consistent with G.S. 35A-1130(a).",{"name":116,"@type":107,"acceptedAnswer":117},"What verification requirements must the petitioner meet for the restoration petition?",{"text":118,"@type":110},"Verification must be signed by the petitioner (or petitioner’s attorney), provided under oath, completed before a notary public or other authorized officer, and include a declaration of penalty of perjury stating the information is true and correct.","https://schema.org",{"og:url":78,"og:type":121,"og:title":59,"og:site_name":91,"og:description":61},"article",{"robots":123,"canonical":78},"index,follow",{"doc_id":125,"site_id":56},280176,1790688043,{"code":4,"msg":5,"data":128},{"doc_id":125,"user_id":129,"nickname":88,"user_avatar":130,"doc_module":9,"category_id":40,"category_name":41,"doc_title":59,"doc_description":61,"doc_content":131,"file_id":132,"file_url":133,"file_type":134,"file_size":135,"view_count":101,"is_deleted":4,"is_public":9,"is_downloadable":9,"audit_status":9,"page_count":20,"language":136,"language_code":57,"site_id":56,"html_lang":57,"table_of_contents":137,"faqs":138,"seo_title":139,"seo_description":61,"update_tm":140,"read_time":47},962084926284,"https://ap-avatar.wpscdn.com/davatar_29158cc5080c5b710cf443261637dec0","4/7/2015  \nRestoration to Competency G.S. 35A-1130  \nMeredith S. Smith  \nTwo Step Process  \nStep \\#1: Incompetency 1100s  \n• Special Proceeding  \n• Clear, Cogent and Convincing  \nStep \\#2: Guardianship 1200s  \n• Estate Proceeding  \n• Best Interests of the Ward  \n4/7/2015  \nIncompetent Adult  \nG.S. 35A-1101(7)  \nLack sufficient capacity to:  \n• Functional: Manage own affairs, or  \n• Cognitive: Make or communicate important decisions concerning the adult's person, family, or property.  \nCompetent Adult  \nSufficient capacity to:  \n• Functional: Manage own affairs, AND  \n• Cognitive: Make or communicate important decisions concerning the adult's person, family, or property.  \n4/7/2015  \nSpectrum of Competency  \nLimited Guardianship  \nIncompetent Competent  \nStatus Reports  \nG.S. 35A-1242(a1)  \nTwo Things  \n1. DSS must file them when appointed as guardian of the person or general guardian – 6 months then annually  \n2. Each status report shall include all of the following:  \n– Report on efforts to restore competency  \n– Recommendations for limited guardianship  \n4/7/2015  \n\n| Who Can Petition for Restoration? |  |\n| --- | --- |\n| | 1. Ward\u003Cbr>2. Guardian\u003Cbr>3. Any Other Interested Person\u003Cbr>G.S. 35A-1130(a) |\n\nWhat Does The Petitioner File?  \n• “Party Petitions for Restoration By Filing a Motion in the Cause”  \n4/7/2015  \n\n| Take a step back….\u003Cbr>Document must have: | |\n| --- | --- |\n| 1. Statement indicating filing party seeking restoration for an identifiable ward\u003Cbr>2. Facts tending to show the ward is competent\u003Cbr>3. A verification\u003Cbr>• Signed by the petitioner\u003Cbr>• Under Oath\u003Cbr>• Before a notary public or other authorized officer\u003Cbr>• Under a declaration of penalty of perjury\u003Cbr>• That the information is true and correct\u003Cbr>GS 35A-1130(a)\u003Cbr>|  |\n\nMotion in the Cause Form AOC-E-415 – Page 1  \n4/7/2015  \n\n| Motion in the Cause Form AOC-E-415 – Page 3 |\n| --- |\n| Question 5: The movant\u003Cbr>\u003Cbr>|\n\nMotion in the Cause FormAOC E-415  \nRequirements for a valid verification  \n1. Signed by the petitioner or the petitioner’s attorney  \n2. Under oath  \n3. Before a notary public or other authorized officer  \n4. Under a declaration of penalty of perjury that the information contained in the petition is true and correct  \n4/7/2015  \nVerification  \n• Form AOC-SP-200 – Petition for Adjudication and Appointment of Guardian  \nWhat is NOT Required to File?  \n1. Doctor’s letter or other medical professional's statement of competency or recommendation for restoration  \n2. Attorney*  \n4/7/2015  \nObtaining Medical Evidence  \n1. GOP or general guardian obtains directly  \n2. Court order  \n3. MDE  \n– Motion of clerk or any party (Form 901M)  \n– Clerk’s order includes payment of costs  \nWhat is NOT Required to File?  \n1. Doctor’s letter or other medical professional's statement of competency or recommendation for restoration  \n2. Attorney*  \n4/7/2015  \nAttorney Exceptions  \nG. S. 84-5; Lexis-Nexis v. Travishan Corp., 155 NC App 205 (2002)  \n1. Prepare certain legal documents  \n2. Appear to avoid default  \n3. Small Claims before Magistrate only  \n– Filling in a form  \n– Quick, inexpensive procedure  \n7B-401 .1 – A/N/D – Director authorized to file  \nWhere to file the Petition?  \nThe Clerk of Superior Court is the presiding judge.  \n- Original + exclusive jurisdiction  \n- Transfer only in limited circumstances (direct or indirect interest of the clerk)  \n- The matter may not be transferred if equitable issues arise.  \n4/7/2015  \nWhere to file the Petition?  \n• The petition is filed in the original special proceeding.  \n• The petition is file in the county where the incompetency file is currently located, even if the county is not the county where the ward was originally adjudicated incompetent.  \nPetition is filed, now what?  \nClerk schedules the matter for hearing  \n• Hearing must be between 10-30 days from date service on the ward, the guardian and the petitioner  \n• Unless clerk for good cause orders otherwise (MDE)","cbCaikhx6bEapJZa","https://ap.wps.com/l/cbCaikhx6bEapJZa","pdf",307032,"English","# Two Step Process\n## Step 1: Incompetency 1100s\n## Step 2: Guardianship 1200s\n# Incompetent Adult vs Competent Adult\n## Spectrum of Competency\n# DSS Status Reports\n# Petition to Restore Competency\n## Who Can Petition for Restoration\n## What the Petitioner Files\n## Motion in the Cause Form AOC-E-415\n## Verification Requirements\n## What Is NOT Required to File\n## Attorney Exceptions\n# Obtaining Medical Evidence\n# Where to File the Petition and Hearing Timing","[{\"question\":\"What are the two steps in the Restoration to Competency process?\",\"answer\":\"The process uses two steps: Step 1 addresses incompetency proceedings (1100s) through a special proceeding standard, and Step 2 proceeds with guardianship proceedings (1200s) focused on estate proceeding goals and the best interests of the ward.\"},{\"question\":\"Who is allowed to petition for restoration under G.S. 35A-1130(a)?\",\"answer\":\"The petition may be filed by the ward, the guardian, or any other interested person, consistent with G.S. 35A-1130(a).\"},{\"question\":\"What verification requirements must the petitioner meet for the restoration petition?\",\"answer\":\"Verification must be signed by the petitioner (or petitioner’s attorney), provided under oath, completed before a notary public or other authorized officer, and include a declaration of penalty of perjury stating the information is true and correct.\"}]","Restoration to Competency - Two Step Process | PDF",1789534687]