Sep122025
Guardianship Q&A Series

What steps and documents are required to file a guardianship petition in North Carolina?

Short Answer

In North Carolina, you start by filing a verified Petition for Adjudication of Incompetence and Application for Appointment of Guardian with the Clerk of Superior Court in the respondent’s county. The clerk issues a Notice of Hearing and appoints a guardian ad litem; the sheriff must personally serve the respondent. A hearing is typically set 10–30 days after service. If a guardian of the estate is appointed, the guardian must qualify (oath and bond), then receive Letters and file required inventories and accountings.

Understanding the Problem

You’re asking how, in North Carolina, an adult child can file for guardianship when a care home refuses to honor existing powers of attorney. The decision point: can you petition the Clerk of Superior Court to adjudicate your parents incompetent and appoint a guardian so decisions and payments can be made despite the home’s refusal?

Apply the Law

North Carolina uses a two-step process: (1) adjudication of incompetence and (2) appointment of a guardian. The proceeding begins by special proceeding before the Clerk of Superior Court. The respondent (your parent) must be personally served, a guardian ad litem (an attorney) is appointed to protect the respondent’s rights, and a hearing is set on short timelines. If the court finds the respondent incompetent by clear, cogent, and convincing evidence, the court then decides the type of guardianship needed and who should serve, giving preference to less restrictive options when possible.

Key Requirements

  • File the petition and notice: Use AOC-SP-200 to file in the respondent’s county; the clerk issues AOC-SP-201 (Notice) and appoints a guardian ad litem.
  • Service and notice: Sheriff personally serves the respondent; petitioner mails notice to next of kin and any persons designated by the clerk (AOC-SP-207 certificate).
  • Hearing window: Hearing typically occurs 10–30 days after the respondent is served; the clerk may extend for good cause or to complete an evaluation.
  • Guardian ad litem (GAL): An attorney GAL is appointed to investigate, meet the respondent, and report to the court.
  • Interim relief (if urgent): If there’s imminent risk to the person or estate, the court can appoint an interim guardian before the main hearing.
  • Appointment and qualification: If a guardian is needed, the court selects the most suitable person; a guardian of the estate must take an oath, post bond, and obtain Letters before handling assets.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because the care home will not accept your parents’ powers of attorney, filing AOC-SP-200 with the Clerk of Superior Court in their county puts the matter before the court. The sheriff will personally serve each parent, and the clerk will appoint an attorney guardian ad litem to meet them and report back. At the hearing (typically 10–30 days after service), the court decides incompetence and then whether to appoint a guardian of the person, the estate, or a general guardian. If a guardian of the estate is appointed, bond and Letters are required before paying for the care home from their funds.

Process & Timing

  1. Who files: Any interested person (you). Where: Clerk of Superior Court, Special Proceedings, in the respondent’s North Carolina county. What: File AOC-SP-200 (Petition); clerk issues AOC-SP-201 (Notice/Order Appointing GAL) and may request AOC-G-250 (SCRA Declaration). When: The clerk issues the notice shortly after filing; petitioner must mail notice to next of kin within five days of filing (use AOC-SP-207 Certificate of Service).
  2. Service and hearing: Sheriff personally serves the respondent (no advance sheriff fee required by the sheriff). The hearing is set 10–30 days after personal service unless extended for good cause or a multidisciplinary evaluation (AOC-SP-901M). For emergencies, you may seek interim relief (AOC-SP-900M).
  3. Orders and appointment: If incompetence is shown by clear, cogent, and convincing evidence, the clerk enters AOC-SP-202 (Adjudication). The court then decides the appropriate guardian and enters AOC-E-406 (Appointment Order). The guardian files AOC-E-400 (Oath) and, if handling finances, posts a bond; the clerk issues Letters (AOC-E-407 for Guardian of the Estate; AOC-E-408 for Guardian of the Person).
  4. After appointment: The guardian of the estate opens a fiduciary account, files an initial inventory of assets, and submits periodic/annual accountings as required by the clerk. Expect ongoing reporting and court oversight.
  5. Fees and costs: A filing fee applies; sheriff’s service has a statutory fee. Fees change, and counties vary; confirm using the N.C. Judicial Branch’s current cost schedule. Courts commonly tax allowed costs to the ward’s estate; if the respondent is indigent, some costs may be covered by the State or county subject to recoupment rules.

Exceptions & Pitfalls

  • Less restrictive options: If a valid power of attorney or health care proxy can meet current needs, the court may limit guardianship or decline it; be prepared to explain why guardianship is still necessary when third parties refuse to honor the POA.
  • Service errors: The respondent must be personally served by the sheriff; improper service can delay or derail the hearing.
  • Next-of-kin notice: Failing to mail the notice to listed next of kin within five days of filing (and filing AOC-SP-207) can result in continuances.
  • Evaluations and delays: A multidisciplinary evaluation (AOC-SP-901M) can extend the hearing date; factor this into care planning.
  • Bond issues: A guardian of the estate must post bond in an amount set by the clerk based on the ward’s personal assets; using a corporate surety is commonly required.
  • Using funds: Do not pay bills from the ward’s assets until the guardian qualifies and Letters issue; seek interim relief if immediate protection is needed.

Conclusion

To obtain guardianship in North Carolina, file AOC-SP-200 with the Clerk of Superior Court where the respondent lives, ensure the sheriff personally serves the respondent, and attend a hearing typically set 10–30 days after service. If the court appoints a guardian, qualify by taking the oath and, if handling finances, posting bond so Letters can issue. Next step: file the petition and arrange for prompt service so the court can schedule the hearing.

Talk to a Guardianship Attorney

If you’re dealing with a care home that won’t honor powers of attorney and you need a court-appointed 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.