Charlene Edwards Law Office

Adoptions:

Adoptions are a special proceedings before the clerk and there are many kinds. They include an independent adoptions between a birth parent and an adoptive parent or parents; an agency adoption where the Harnett County Department of Social Services has placed a child for adoption with the proposed adoptive parent or parents; a step-parent adoption where a step-parent adopts the child of his or her spouse, a relative adoption where a blood relationship exists between the biological and adoptive parents of the child, and, finally, an adult adoption where both the adoptive child and the adoptive parent are over the age of eighteen.

Competency Matters:

Individuals who do not have the capacity to make and communicate important decisions about their personal and financial affairs may require the assistance of a legally appointed decision maker, a guardian, to help them exercise their rights. The guardian must allow the individual the opportunity to participate, as fully as possible, in all decisions affecting them.

In order to make decisions based on what the individual would decide the guardian should seek information from the individual, the individual’s family, friends, or a type of legal document such as a Living Will or Healthcare Power of Attorney.

A person who has been declared incompetent can have their guardianship reversed and be restored to competency. The person who has a guardian, the guardian, or any other interested person can ask the Clerk of Superior Court to re-open the case. This is done by filing a written motion or petition with the clerk’s office.

The individual petitioning for the restoration is entitled to be represented by counsel, or if they are financially unable, a guardian ad litem can be appointed to represent them in the hearing. In order to be restored to competency the individual must prove that he or she is able to manage their own affairs and make and communicate important decisions concerning their self, family, and property.

Name Changes: There are several ways of enacting a legal name change:

Adoption Decree
Application by a widow or divorced woman for the resumption of:
a maiden name,
name of a prior deceased husband,
or prior divorced husband if children have that husband’s surname
Petition of Special Proceeding

Estate formation:

While no one likes to think of death or disability, it is preferable to plan ahead for these eventualities. This is where Estate planning is helpful. The Typical Estate Planning Documents are generally:

Last Will and Testament – so you can determine what happens to your property at your death rather than the State of North Carolina making that determination for you

Durable General Power of Attorney – these allow third parties you chose to handle any or all of your affairs, as you deem necessary, in the event you become incapacitated or incompetent to handle your own business.

Health Care Power of Attorney – grant any and all powers to your agent to make health care decisions for you in the event you are unable to make your own decisions.