35A-1115. Appeal from clerk's order.
Appeal from an order adjudicating incompetence shall be to the superior court for hearing de novo and thence to the Court of Appeals. An appeal does not stay the appointment of a guardian unless so ordered by the superior court or the Court of Appeals. The Court of Appeals may request the Attorney General to represent the petitioner on any appeal by the respondent to the Appellate Division of the General Court of Justice, but the Department of Justice shall not be required to pay any of the costs of the appeal. (1987, c. 550, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 35A - Incompetency and Guardianship
Article 1 - Determination of Incompetence.
§ 35A-1102 - Scope of law; exclusive procedure.
§ 35A-1103 - Jurisdiction; venue.
§ 35A-1105 - Petition before clerk.
§ 35A-1106 - Contents of petition.
§ 35A-1107 - Right to counsel or guardian ad litem.
§ 35A-1108 - Issuance of notice.
§ 35A-1109 - Service of notice and petition.
§ 35A-1111 - Multidisciplinary evaluation.
§ 35A-1112 - Hearing on petition; adjudication order.
§ 35A-1114 - Appointment of interim guardian.