The N.C. Administrative Office of the Courts (AOC) has released new forms related to adult guardianship in response to the Guardianship Reform Law that took effect January 1, 2024. The changes include a new Notice of Rights of Respondents and Wards (AOC-SP-197) and additional forms including revisions related to the new requirement that less restrictive alternatives to guardianship be considered first. Specifically:
Revisions to AOC-SP-200 (Petition For Adjudication Of Incompetence And Application For Appointment Of Guardian Or Limited Guardian) include the following two new items:
- “I considered the following less restrictive alternatives prior to seeking an adjudication of incompetence: (see Notes To Petitioner below and list the less restrictive alternatives that were considered)” and
- “The less restrictive alternatives listed above are insufficient to meet the needs of the respondent because: (explain why these less restrictive alternatives are insufficient to meet the needs of the respondent).”
Revisions to AOC-SP-201 (Notice Of Hearing On Incompetence And Order Appointing Guardian Ad Litem) include the requirement that the “Notice Of Rights Of Respondents And Wards (AOC-SP-197) must be” provided to the respondent, among others.
Revisions to AOC-SP-202 (Order On Petition For Adjudication Of Incompetence) include the addition of to the section Notes to the Clerk defining “less restrictive alternatives” and providing additional information.
