Petition, court appointed attorney as indigent & incompetent


#1

I petitioned the Court and titled it: Petition for Court Appointed Attorney as Indigent and Mental Incompetent. The only Form I could find was a Petition to Sue as Indigent and this form is for a Plaintiff. I am the Defendant. What I would like to know, if at all possible, is if someone can tell me if I put the correct title on my petition.

These are things I found on the Internet, but none of tell me how to go about the process.

North Carolina General Statutes § 35A-1101 Definitions
(9) “Indigent” means unable to pay for legal representation and other necessary expenses of a proceeding brought under this Subchapter.
(7) “Incompetent adult” means an adult or emancipated minor who 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 whether the lack of capacity is due to mental illness, mental retardation, epilepsy, cerebral palsy, autism, inebriety, senility, disease, injury, or similar cause or condition.

North Carolina General Statutes § 17 Parties plaintiff and defendant; capacity
2) Infants, etc., Defend by Guardian Ad Litem. In actions or special proceedings when any of the defendants are infants or incompetent persons, whether residents or nonresidents of this State, they must defend by general or testamentary guardian, if they have any within this State or by guardian ad litem appointed as hereinafter provided; and if they have no known general or testamentary guardian in the State, and any of them have been summoned, the court in which said action or special proceeding is pending, upon motion of any of the parties, may appoint some discreet person to act as guardian ad litem, to defend in behalf of such infants, or incompetent persons, and fix and tax his fee as part of the costs. The guardian so appointed shall, if the cause is a civil action, file his answer to the complaint within the time required for other defendants, unless the time is extended by the court; and if the cause is a special proceeding, a copy of the complaint, with the summons, must be served on him. After 20 days’ notice of the summons and complaint in the special proceeding, and after answer filed as above prescribed in the civil action, the court may proceed to final judgment as effectually and in the same manner as if there had been personal service upon the said infant or incompetent persons or defendants.

North Carolina General Statutes § 7A-452 Source of counsel; fees; appellate records
(a) Upon the court’s determination that a person is indigent and entitled to counsel under this Article, counsel shall be appointed in accordance with rules adopted by the Office of Indigent Defense Services. In noncapital cases, the court shall assign counsel pursuant to rules adopted by the Office of Indigent Defense Services. In capital cases, the Office of Indigent Defense Services or designee of the Office of Indigent Defense Services shall assign counsel; at least one member of each capital defense team, where practicable, shall be a member of the bar in that division. In the courts of those counties which have a public defender, however, the public defender may tentatively assign himself or an assistant public defender to represent an indigent person, subject to subsequent determination of entitlement to counsel by the court and approval by the court in noncapital cases and by the Office of Indigent Defense Services in capital cases.


#2

I’m sorry but your question is beyond the scope of this forum. We cannot review documents for individuals on this site.


#3

Oh gosh, I took it out. Please accept my apology.


#4

Court appointed attorneys are not available to folks involved in family law cases.


#5

So I need to petition for Guardian Ad Litem instead? Is a counterclaim considered a suit?


#6

A counterclaim does initiate claims in the present suit for you. If you have been declared incompetant, you may request a guardian.