Short Answer

In North Carolina, you start by filing a verified petition for adjudication of incompetence and appointment of a guardian with the Clerk of Superior Court in the county where your cousin lives or is present. The court serves your cousin, appoints a guardian ad litem, may order an evaluation, and holds a hearing. If the court finds by clear, cogent, and convincing evidence that your cousin cannot manage personal or financial affairs—even with less restrictive alternatives—it can appoint a guardian (person, estate, or both). The court can also address problems with a current power of attorney.

Understanding the Problem

You want to know how, in North Carolina, you can ask the Clerk of Superior Court to appoint you (or someone suitable) to manage your cousin’s personal care and finances. Your cousin’s current caretaker claims power of attorney and is blocking access; you believe there’s undue influence and mishandling of money. You’re looking for the specific steps to start the guardianship case and secure authority.

Apply the Law

North Carolina guardianship for adults is a special proceeding before the Clerk of Superior Court. The court first decides whether the adult is an “incompetent adult” and then appoints the least restrictive form of guardianship needed. The respondent has important rights (notice, counsel, to be present, and to a jury on request). Service must follow civil Rule 4, and a guardian ad litem is appointed to protect the respondent’s interests. If there’s immediate risk, the court can appoint an interim guardian.

Key Requirements

• Legal standard: The court must find by clear, cogent, and convincing evidence that your cousin cannot manage personal and/or financial affairs due to impairment.
• Venue and filing: File in the county where your cousin resides or is physically present; use the state form petition and request the type(s) of guardian needed (person, estate, or general).
• Notice and protection: Personal service on your cousin; appointment of a guardian ad litem; opportunity for counsel, presence at hearing, and (if requested) a jury.
• Less restrictive alternatives: The court must consider options like a valid, functioning power of attorney before imposing guardianship; it may limit powers rather than appoint a full guardian.
• Agent under POA: If a guardian is appointed, the court can limit, suspend, or effectively override an agent’s authority and require an accounting if there’s suspected abuse.
• Guardian of estate safeguards: Bond, inventory within a set period, and ongoing accountings are required to protect assets.

What the Statutes Say

• N.C. Gen. Stat. Chapter 35A (Guardianship) – Governs adult incompetency proceedings, hearings, and guardian appointments.
• N.C. Gen. Stat. Chapter 32C (Power of Attorney Act) – Addresses court authority regarding agents and the relationship between an agent and a later-appointed guardian.

Analysis

Apply the Rule to the Facts: You allege your cousin cannot manage personal care (dialysis, housing, medications) and finances. If evidence at the hearing shows an impairment and inability to handle essential decisions, the standard can be met. Because a caretaker claims power of attorney and you suspect undue influence, the court will weigh whether that POA is a safe, workable alternative. If not, the Clerk can appoint a limited or full guardian and restrict or override the agent’s powers, and may order an interim guardian if money is at risk now.

Process & Timing

1. Who files: You (as an interested relative). Where: Clerk of Superior Court, Special Proceedings, in the county of your cousin’s residence or presence in North Carolina. What: File the verified Petition for Adjudication of Incompetence and Application for Appointment of Guardian (AOC‑SP‑200), request the guardian type(s), and briefly explain risks (e.g., suspected misuse under a POA). When: File as soon as you have facts showing inability to manage affairs; ask for an interim guardian if there’s immediate danger.
2. Service and pre‑hearing steps: Ensure personal service on your cousin under Rule 4. The court appoints a guardian ad litem and may order a medical or multidisciplinary evaluation. You, the agent under any POA, and next of kin receive notice. Hearings commonly occur a few weeks after service; timing varies by county and evaluations.
3. Hearing and appointment: At the hearing, the Clerk considers testimony, records, and any evaluation. If incompetency is found, the Clerk appoints a guardian of the person, the estate, or a general guardian. For an estate guardian, post bond, qualify, and obtain Letters of Guardianship. File an inventory within the required period and submit periodic accountings or status reports as directed.

Exceptions & Pitfalls

• If a valid, safe, and working power of attorney or other alternative adequately meets your cousin’s needs, the court may limit or deny guardianship.
• Pick the right scope: ask only for the powers needed (limited guardianship when possible) to match the least restrictive alternative requirement.
• Service mistakes delay cases: arrange proper personal service and provide accurate addresses for notice.
• Suspected financial abuse: request interim guardianship or targeted protective orders (e.g., freezing accounts, accounting from the agent) to prevent further loss.
• Guardians of the estate must post bond and timely file inventories and accountings; missing these can result in removal.

Talk to a Guardianship Attorney

If you’re dealing with an adult guardianship where a caretaker’s power of attorney may be harming your cousin’s health or finances, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.