Sep112025
Guardianship Q&A Series

How can I petition to become my father’s guardian once incompetency is declared? – North Carolina

Short Answer

In North Carolina, you can file one combined petition that asks the Clerk of Superior Court to (1) adjudicate your father incompetent and (2) appoint you as guardian, using AOC-SP-200. The clerk usually decides guardianship immediately after an incompetency adjudication, often in the same hearing. If incompetency has already been declared, you may file a separate application for appointment (AOC-E-206) in the estates/guardianship file in the same county.

Understanding the Problem

In North Carolina, can a daughter file to have her father found legally incompetent and be appointed as his guardian, and do those filings have to be made together? Here, the daughter wants both an incompetency adjudication and a guardianship but is unsure whether to combine the filings or proceed in two steps.

Apply the Law

North Carolina uses a two-phase process: adjudication of incompetence and, if warranted, appointment of a guardian. You may combine these requests in a single filing (AOC-SP-200) so the Clerk of Superior Court can adjudicate incompetency and then move straight to selecting an appropriate guardian. If the person has already been adjudicated incompetent, you file an application for appointment (AOC-E-206) in the county where the adjudication occurred. The respondent must be personally served, a guardian ad litem is appointed, and the hearing proceeds before the clerk. The petitioner bears a high “clear, cogent, and convincing” burden to prove incompetency; only after that finding does the clerk select the most suitable guardian and tailor the scope (full or limited). Venue for appointment is the county of adjudication. If assets or health are at immediate risk, you can request an interim guardian on a lower evidentiary showing.

Key Requirements

  • Start the case: File a verified petition to adjudicate incompetency; you may include the application to appoint a guardian in the same document (AOC-SP-200).
  • Service and GAL: Ensure personal service on the respondent (typically by the sheriff) and expect appointment of a guardian ad litem to protect the respondent’s rights.
  • Hearing and proof: At the hearing before the Clerk of Superior Court, the petitioner must prove incompetency by clear, cogent, and convincing evidence; the respondent alone may request a jury.
  • Appointment phase: If incompetency is found, the clerk determines the needed scope (limited or general) and who is most suitable to serve; if not filed earlier, submit AOC-E-206 for appointment.
  • Qualification: After appointment, take an oath (AOC-E-400), post any required bond (for guardians of the estate/general guardians), and obtain letters of appointment (AOC-E-407/E-408).
  • Venue and timing: Venue for appointment is the county of adjudication; the clerk sets a hearing date promptly, and many hearings occur within weeks of filing.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because you want both an incompetency adjudication and to serve as guardian, the simplest path is to file AOC-SP-200 so the clerk can hear both phases together. If your father has already been adjudicated incompetent, file AOC-E-206 in the estates/guardianship file in the same county to request your appointment. If his money or health is at immediate risk, request interim relief so protections are in place before the full hearing.

Process & Timing

  1. Who files: The daughter (petitioner). Where: Clerk of Superior Court (Special Proceedings) in the father’s county. What: AOC-SP-200 (combined petition/application) and AOC-SP-201 (Notice of Hearing); some counties request AOC-SP-208 (capacity questionnaire). When: The clerk sets a hearing date promptly after filing; many hearings occur within weeks. If incompetency already exists, file AOC-E-206 in the estates file.
  2. Service and hearing: The sheriff personally serves the respondent; a guardian ad litem is appointed. The hearing proceeds before the clerk. If incompetency is found, the clerk moves to the appointment phase and decides who is most suitable and whether a limited or general guardianship is needed.
  3. Qualification and after: Complete oath (AOC-E-400), post any required bond (guardians of the estate/general guardians), and receive Letters (AOC-E-407 for estate; AOC-E-408 for person). If appointed over the estate, file a 90-day inventory (AOC-E-510) and follow annual accounting rules.

Exceptions & Pitfalls

  • Combined vs. separate filings: You can combine both phases with AOC-SP-200, but if incompetency is already established, file AOC-E-206 in the county of adjudication.
  • Service errors: The respondent must be personally served; improper service can delay or derail your case.
  • Emergency protection: If assets or health are at risk, request an interim guardian; the evidentiary threshold is lower than for final adjudication.
  • Scope matters: North Carolina favors less restrictive options and limited guardianships when appropriate; propose only the powers truly needed.
  • Bond readiness: If you seek to manage finances, you’ll likely need a surety bond; delays in obtaining it can slow issuance of letters.
  • Post-appointment duties: Missed inventories or annual accounts can lead to orders to show cause or removal.

Conclusion

In North Carolina, you may file a combined AOC-SP-200 to seek both an incompetency adjudication and appointment as your father’s guardian, allowing the clerk to adjudicate first and immediately consider who should serve. If incompetency is already declared, file AOC-E-206 in the same county to request your appointment. After appointment, qualify by oath and bond and obtain letters; if you manage assets, file your 90-day inventory within three months of appointment.

Talk to a Guardianship Attorney

If you’re seeking to have a parent adjudicated incompetent and be appointed as guardian, 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.

Category: Guardianship Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.