Incompetency Proceedings and the SCRA (Yes, You Read that Right)

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We’ve now posted a handful of times about the Servicemembers Civil Relief Act (SCRA) on this blog. In particular, we’ve posted on the SCRA’s application to non-judicial foreclosures, juvenile proceedings, and family law cases. At the risk of being told that the blog should be renamed “The SCRA and Other Civil Stuff,” I’m going to add another SCRA post to the list. In my defense, over the course of the past few months I’ve received a number of questions regarding the applicability of the SCRA to proceedings before the clerk of superior court. In particular, I’ve been asked whether the SCRA applies to incompetency proceedings filed under G.S. Chapter 35A for the purpose of obtaining a guardian for an alleged incompetent adult. Here’s how I’ve answered the questions I’ve received:

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