![]() ![]() To have your name changed or the name of your child changed, you must complete a 'Petition for Name Change' which can be done without an attorney. This proceeding is filed as a Special Proceeding in Rm # 2400įor more information about Guardianship and alternatives to guardianship, see Guardianship FAQ Name Changes Before a person's right to make basic decisions is taken away, that person must first be adjudicated incompetent at a hearing before the Clerk of the Superior Court or a jury. NOTE: You may pick up the necessary forms for the appointment of a guardian for a minor from the Estates Division, located on the 2nd floor Rm# 2300 of the Durham County Courthouse.Īdults are presumed legally competent to handle their own affairs. In this event, the District Court must decide custody. The Clerk of the Superior Court cannot appoint a Guardian of the Person for a minor if that minor's parents are still living, regardless of whether the parents’ consent. The Clerk of the Superior Court only has jurisdiction to appoint a Guardian of the Person for any minor that has no living parents or other guardians. This type of guardian is called a Guardian of the Estate. A guardian must be appointed to take charge of the property, protect it, and distribute it for the minor's best interest. Guardianship may be required for a minor or an adult.Ī court-appointed legal guardian for a minor may be necessary where the minor will inherit property or receive a settlement arising from an accident. A court process is required to create a guardianship. Guardianship is a legal relationship in which a person(s) or agency (the guardian) is appointed by the court to make decisions and act on behalf of a person who does not have adequate capacity to make such decisions involving the management of personal affairs, property, or both. Special Proceedings are filed on the 2nd floor Rm# 2400 of the Durham County Courthouse. ![]() All other Special Proceedings must be drafted by you or your attorney. ![]() We have forms available for adoption incompetency and guardianship and name changes. Some Special Proceedings have forms available - others do not. Adoptions Foreclosures Incompetency and Guardianship Proceedings Name Changes Partitions of Property and Legitimations ![]()
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