In re: STEPHEN WOLFEÂ, 254 N.C. App. 416

Stephen Wolfe, an adjudicated incompetent with bipolar disorder, was evaluated and admitted to Mission Hospital’s inpatient psychiatric unit (Copestone) after presenting to the ER in May 2016.
A staff psychiatrist (Dr. Collier) submitted an evaluation recommending further inpatient treatment; the district court scheduled a review hearing under N.C. Gen. Stat. § 122C-232.
Wolfe had appointed counsel, denied he needed psychiatric care, and testified he would take medication if discharged; his guardian did not appear at the hearing.
The district court held a hearing and entered an order concurring in Wolfe’s voluntary admission and authorizing continued inpatient treatment for up to 30 days.
No written, signed application for Wolfe’s voluntary admission (which must be signed by a guardian for an incompetent adult) was filed or included in the court file.
On appeal Wolfe argued the court lacked subject-matter jurisdiction because the statutorily required written application initiating the § 122C-232 review hearing was never filed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court had subject-matter jurisdiction to concur in an incompetent adult’s voluntary admission and order continued inpatient treatment when no written guardian-signed application was filed to initiate the § 122C-232 hearing	Wolfe: jurisdiction never vested because the statute requires the guardian-signed written application to initiate the review hearing	State: court proceeded on physician’s evaluation and conducted the hearing; implied argument that proceeding without the written application was permissible	Court: Jurisdiction did not vest; absence of the required guardian-signed written application deprived the court of authority, so the order was vacated

In re T.R.P., 360 N.C. 588 (2006) (a court’s order is void where jurisdiction never vested due to defective statutorily required initiating pleading)
In re Ingram, 74 N.C. App. 579 (1985) (vacating commitment order where initiating petition lacked required affidavit)
Burgess v. Gibbs, 262 N.C. 462 (1964) (proceedings without subject-matter jurisdiction are a nullity)
State v. Felmet, 302 N.C. 173 (1981) (when record shows lack of jurisdiction, appellate court should vacate orders entered without authority)