North Carolina General Statutes 48-5-103. Adoption of incompetent adults
(a) If an adult being adopted has been adjudicated incompetent, then that adult’s guardian shall have authority to consent in place of that adult.
(b) The consent of the guardian must:
(1) Be in writing and signed and acknowledged before an individual authorized to administer oaths or take acknowledgments;
Terms Used In North Carolina General Statutes 48-5-103
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) State that the guardian understands that the adoption will terminate the legal relationship of parent and child between the adult being adopted and the adult’s former parents, including all rights of the adult to inherit as a child from or through the former parents, unless the adoption is by a stepparent, in which case the adoption will terminate the legal relationship of parent and child between the adult and the parent who is not married to the stepparent but will have no effect on the relationship between the adult and the parent who is married to the stepparent;
(3) State that the guardian understands that the adoption will create the legal relationship of parent and child between the adult and the petitioner, including the right of inheritance by, from, and through each other;
(4) State that the guardian consents to the proposed adoption and believes the adoption will be in the best interest of the adult; and
(5) State that the guardian understands that the adoption will not terminate the guardian’s rights, duties, and powers.
(c) In any adoption of an adult who has been adjudicated incompetent, the court shall appoint a guardian ad litem other than the guardian to investigate and report to the court on the proposed adoption. (1995, c. 457, s. 2.)