What criteria does the court use to decide if I’m competent to make my own medical and personal decisions? – North Carolina

Short Answer

In North Carolina, the Clerk of Superior Court decides competency by asking whether clear, cogent, and convincing evidence shows you lack sufficient capacity to make or communicate important decisions about your person, family, or property due to a qualifying condition (for example, mental illness, cognitive disease, injury, or similar cause). The court must use the least restrictive option, which can include limited guardianship if you can handle some decisions. The court may order a multidisciplinary evaluation to inform this decision. Only the respondent may request a jury on the incompetency question.

Understanding the Problem

You want to know how a North Carolina court decides whether you can make your own medical and personal decisions. The Clerk of Superior Court determines incompetency in a guardianship case based on your current decision-making ability. Here, you deny any mental incapacity even though a guardian and guardian ad litem were appointed. This question focuses on whether you meet the legal standard to control your medical and personal choices.

Apply the Law

Under North Carolina law, an adult is found incompetent only if the evidence shows you lack enough capacity to manage your affairs or to make or communicate important decisions about your person, family, or property, and that lack of capacity is caused by a qualifying condition. The proceeding occurs before the Clerk of Superior Court, and the petitioner must prove incompetency by clear, cogent, and convincing evidence. The court can tailor a limited guardianship to preserve rights you can still exercise, may order a multidisciplinary evaluation, and only you (the respondent) can request a jury on incompetency.

Key Requirements

• Capacity element: You must be unable to make or communicate important decisions or to manage your affairs.
• Causation element: The inability must stem from a qualifying condition (e.g., mental illness, cognitive disorder, injury, or similar cause).
• Proof standard: The petitioner must prove incompetency by clear, cogent, and convincing evidence.
• Least‑restrictive approach: The court should preserve as many rights as possible and may order limited rather than full guardianship.
• Evaluation tool: The court may order a multidisciplinary evaluation to assess abilities and needs.

What the Statutes Say

• North Carolina Gen. Stat. § 35A-1101 (Key definitions, including incompetent adult) – Defines incompetency and qualifying causes.
• North Carolina Gen. Stat. § 35A-1112 (Hearing and standard of proof) – Requires clear, cogent, and convincing evidence at the hearing before the Clerk.
• North Carolina Gen. Stat. § 35A-1111 (Multidisciplinary evaluations) – Allows the court to order evaluations to assess capacity and needs.
• North Carolina Gen. Stat. § 35A-1201 (Policy and least-restrictive principles) – Directs guardianship to preserve retained rights whenever possible.

Analysis

Apply the Rule to the Facts: Because you deny incapacity, the key question is whether evidence shows you cannot make or communicate important decisions about your medical and personal affairs due to a qualifying condition. If that proof is lacking or your condition has improved, the court may not continue full guardianship and could restore rights or tailor a limited guardianship. A court-ordered evaluation can clarify your current decision-making ability.

Process & Timing

1. Who files: The ward (you) or an interested party. Where: The existing guardianship file before the Clerk of Superior Court in the county that issued the guardianship. What: A motion in the cause seeking restoration of rights (and, if needed, a request to review or unseal the guardian ad litem materials). When: File as soon as your condition has improved or if you believe the original evidence did not meet the standard; hearing dates vary by county.
2. The court may set a hearing and, if helpful, order a multidisciplinary evaluation; allow discovery; and hear testimony from you, the guardian, medical providers, and others. Timing often depends on court calendars and whether evaluations are ordered.
3. The Clerk issues an order either restoring full rights, restoring some rights (limited guardianship), or continuing the guardianship. If you disagree with an incompetency adjudication, you may seek further review through the appropriate appeal process.

Exceptions & Pitfalls

• Improvement over time matters: capacity is assessed as of the hearing; updated medical evidence can be crucial.
• Limited guardianship: even if some help is needed, you may retain specific rights (for example, making your own health choices) if the evidence supports it.
• Guardian ad litem materials: some reports or medical records may be restricted; you can request access or ask the court to review and determine what can be shared.
• Evidence gaps: without current evaluations or treating provider input, it is harder to overcome the clear, cogent, and convincing standard that supported the existing order.

Talk to a Guardianship Attorney

If you’re dealing with a guardianship and want your medical and personal decision-making rights restored, 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.