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Robert
Robert, Attorney
Category: Family Law
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Experience:  I am a licensed Attorney.
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i have power of attorney over a 31 year old friend, i intend

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i have power of attorney over a 31 year old friend, i intend to adopt him. We live in North Carolina. Do I need a lawyer or can i just fill out the forms myself and present them to the clerk of superior court?
Hello and thank you for choosing JustAnswer!

Representing yourself in court as someone wishing to adopt another adult that consents is certainly something you can do on your own. Retaining an attorney in your situation would probably be the most costly way to approach your situation.

You may access the North Carolina statutes related to adopting an adult at the following link:

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_48/Article_5.pdf

You may access a form to fill out and submit as your petition to adopt an adult by going to the following link:

http://info.dhhs.state.nc.us/olm/forms/dss/dss-5163-ia.pdf

Alternatively, you may be interested in the adoption assistance services offered at the website that can be accessed at the following link:

http://www.myadoptionforms.com/ld/adult_adoption/north_carolina.html?YSM-Adult-Adoption-North-Carolina-Top&OVRAW=adult%20adoption%20north% 20carolina&OVKEY=adult%20adoption%20north%20carolina&OVMTC=standard&OVADID=26927377521&OVKWID=240735823021&OVCAMPGID=5797107521&OVADGRPID=11582054909&OVNDID=ND1

I hope this has helped and I wish you all the best. Please let me know if you need me to further clarify my answer and I will do my best to so clarify.

Thank you,



Robert

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Customer: replied 4 years ago.

Thank you, XXXXX XXXXX power of attorney over this individual, Isn't it true that I can sign all the forms and he does not need to sign or even be present. BTW he is in prison.

Thank you for your follow-up.

Pursuant to § 48-5-102(a)(2), the court may waive the consent requirement for cause. You may be able to consent for the adopted adult but it may be a good idea to also request that the consent requirement be waived due to the fact that the individual is currently incarcerated.

I say this because the statute requires the consent of the adult to be adopted. If you have a plenary power of attorney that allows you to consent for the individual in all legal proceedings then that approach should work but this is not certain; which is why I suggest you request that the court waive the requirement because of the incarceration.


I hope this has helped and I wish you all the best. Please let me know if you need me to further clarify my answer and I will do my best to so clarify.

Thank you,



Robert

While of course not required, a bonus is greatly appreciated if I have been particularly helpful. To request my assistance again in the future, please go to the following link and enter your question on my profile page:

http://www.justanswer.com/law/expert-askrobert/