Short Answer

In North Carolina, the respondent (your father) must be personally served—usually by the sheriff—with the petition and hearing notice. You must also mail copies to the respondent’s “next of kin” listed in the petition (typically a spouse, adult children, parents, or adult siblings) and anyone the Clerk of Superior Court designates, and file an affidavit proving you mailed them. At the hearing, the clerk decides first whether the respondent is incompetent, then who should serve as guardian and what powers are needed.

Understanding the Problem

You want to know who you must notify and what to expect at a North Carolina adult guardianship hearing. Here, you are caring for your father in North Carolina amid family conflict. He was found self-neglecting, and although a daughter holds an out-of-state health care power of attorney, you need North Carolina authority to manage his personal, health care, and financial decisions.

Apply the Law

North Carolina guardianship cases start in the Clerk of Superior Court. The respondent must receive personal service, and you must mail notice to listed next of kin and anyone else the clerk designates. The hearing happens in two phases: (1) adjudication of incompetence and (2) appointment of a guardian with only the powers needed. Only the respondent can demand a jury. The clerk may order evaluations, appoint a guardian ad litem (GAL) attorney for the respondent, and consider any existing powers of attorney when selecting the least-restrictive arrangement.

Key Requirements

• Personal service on the respondent: The sheriff personally serves your father with the petition and notice of hearing.
• Mail notice to next of kin: Within five days of filing, you must mail the petition and notice to the next of kin named in the petition and anyone else the clerk designates, then file an affidavit of mailing.
• Guardian ad litem and counsel: The court appoints a GAL attorney if the respondent lacks counsel; the GAL must be served under the civil rules.
• Hearing timing: The clerk sets the hearing 10–30 days after personal service on the respondent, unless extended for good cause, an evaluation, or mediation.
• Two-phase hearing: First, the clerk decides incompetence using clear, cogent, and convincing evidence; second, the clerk tailors and appoints a guardian of the person, the estate, or a general guardian.
• Forum and oversight: The Clerk of Superior Court presides, applies the Rules of Evidence, and may require bond and accountings for estate guardianships.

What the Statutes Say

• N.C. Gen. Stat. § 35A-1109 (Service and notice) – Personal service on the respondent; mail notice to next of kin and others the clerk designates.
• N.C. Gen. Stat. § 35A-1108 (Scheduling the hearing) – Clerk issues notice and sets hearing 10–30 days after service; extensions allowed.
• N.C. Gen. Stat. § 35A-1112 (Hearing; adjudication) – Proof standard, respondent’s rights, and process to determine incompetence.
• N.C. Gen. Stat. § 35A-1212 (Inquiry for appointment) – Clerk determines needed scope, the ward’s situation, and who can suitably serve.

Analysis

Apply the Rule to the Facts: Your father must be personally served with the petition and hearing notice. Within five days of filing, you must mail the same documents to his next of kin named in your petition—this includes the daughter who holds the out-of-state health care power of attorney—and anyone else the clerk requires, then file an affidavit of mailing. At the hearing, the clerk first decides incompetence under the high “clear, cogent, and convincing” standard. If the clerk finds incompetence, the clerk will then decide the type and scope of guardianship and who should serve, considering family conflict and any existing powers of attorney.

Process & Timing

1. Who files: Any interested person (you). Where: Clerk of Superior Court in the North Carolina county where your father lives or is currently present. What: File AOC-SP-200 (Petition for Adjudication of Incompetence and Application for Appointment of Guardian) and obtain AOC-SP-201 (Notice of Hearing). When: Clerk issues the written notice within five days of filing; the hearing is set for 10–30 days after the respondent is personally served.
2. Service and notice: The sheriff personally serves your father with the petition and notice. Within five days of filing, mail the petition and notice by first-class mail to next of kin listed in your petition and any others the clerk designates; file an affidavit proving mailing. The court appoints a GAL attorney if your father has no lawyer.
3. Hearing and outcome: The clerk conducts the adjudication phase (incompetence decision) and, if proven, the appointment phase to select a guardian of the person, the estate, or a general guardian. If appointed, you receive Letters of Guardianship; a guardian of the estate may need to post bond and later file inventories and annual accounts.

Exceptions & Pitfalls

• Missing or late mailings to next of kin can delay the hearing; always file your affidavit of mailing.
• Only the respondent can demand a jury for the incompetency decision; family members cannot.
• Existing powers of attorney do not block guardianship; the clerk still decides what is necessary and who should serve, but will consider the named agents and limit powers to what is needed.
• Emergency risk: If there is immediate risk to the person or estate, the court can consider an interim guardian on short notice; be prepared with facts and documents.
• Service on the respondent must be personal; substitute or mail service on the respondent is not enough.

Talk to a Guardianship Attorney

If you’re dealing with a North Carolina adult guardianship—especially with family conflict and urgent care or financial needs—our firm can help you understand the notice rules, timelines, and hearing strategy. Call us today to discuss your options.

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.