§ 48-5-103. Adoption of incompetent adults.

271 words·~1 min read·/nc/chapter-48/48-5-103

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(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;

(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.)