I received an interesting question recently when I taught about the intersection of criminal defense and Chapter 35A incompetency. Suppose a person is adjudicated incompetent in a Chapter 35A proceeding and a guardian is appointed. Suppose that same person had been convicted of a crime requiring registration as a sex offender and compliance with the other obligations of Chapter 14, Article 27A. The person is required to register changes to their address (including providing notice to law enforcement of an intention to move out-of-state), to their academic and employment status, and to notify the State of changes to their name or online identifiers, including e-mail addresses. G.S. 14-208.7; G.S. 14-208.9. What effect does declaration of incompetency have on these registration requirements? Who is responsible for ensuring that the incompetent adult complies with these registration obligations—the adult or their guardian? Incompetency and the Guardian’s Role What being incompetent means. An incompetent adult “lacks sufficient capacity to manage the adult's own affairs or to make or communicate important decisions concerning the adult’s person, family, or property.” G.S. 35A-1101(7). A person who is at least seventeen-and-a-half-years-old and has been adjudicated incompetent is known as a ward. G.S. 35A-1101(17). Depending on the capacity, needs, assets, and liabilities of the ward, the court may appoint one of three types of guardians. When considering the potential obligations of a guardian in ensuring a ward’s compliance with sex offender registration obligations, the focus is on a guardian of the person or general guardian, both of whom may make [...]
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