In re A.R., 238 N.C.App. 302 (2014)

Affirmed in Part

Under statute in effect at the time a GAL of assistance was appointed to Respondent Mother (RM), the trial court did not abuse its discretion in determining the RM had diminished capacity but was not incompetent. Evidence showed RM understood the proceedings, was reasonable, graduated from high school, managed her daily affairs including paying her bills, and was capable of making her own decisions.

  • Author's Note: Prior to October 1, 2013, the Juvenile Code authorized the court in an abuse, neglect, dependency, or termination of parental rights proceeding to appoint a guardian ad litem of assistance to a respondent parent who had diminished capacity. S.L. 2013-129 amended G.S. 7B-602 and -1101.1 by removing a GAL of assistance based on a parent's diminished capacity and limited the court's authority to appoint a Rule 17 GAL of substitution to an incompetent respondent parent.
Abuse, Neglect, Dependency
GAL for Respondent Parent
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