Dec272025
Guardianship Q&A Series

Who is allowed to file for guardianship—can a parent do it, or can another relative file instead? – North Carolina

Short Answer

In North Carolina adult guardianship cases, a parent may file, and another relative may also file. North Carolina law allows any person to file the incompetency petition that starts an adult guardianship case, and it also allows a broad range of people and entities to apply to be appointed as guardian after an incompetency finding. The Clerk of Superior Court then decides whether guardianship is needed and, if so, who should serve.

Understanding the Problem

In North Carolina, when a family needs a court to appoint a guardian for an adult relative, the first decision point often becomes: who can start the case at the Clerk of Superior Court—must it be a parent, or can another relative file instead? This question matters when family members are coordinating care, when one person is handling scheduling or communications, or when a different relative is the best fit to serve as guardian.

Apply the Law

North Carolina treats adult guardianship as a two-step process handled in the special proceedings division before the Clerk of Superior Court: (1) a petition asks the clerk to adjudicate the adult as “incompetent,” and (2) an application asks the clerk to appoint the appropriate guardian (guardian of the person, guardian of the estate, or general guardian). For step one, the law expressly allows any person to file the verified incompetency petition with the clerk. For step two, the law also allows a broad range of applicants to seek appointment as guardian; the clerk then evaluates what is in the respondent’s best interest and whether less restrictive alternatives would meet the need.

Key Requirements

  • Proper filing role: The person starting the case must be a permissible filer (North Carolina permits very broad filing—this can include a parent, another relative, or another person with knowledge of the situation).
  • Correct court/office: The filings go to the Clerk of Superior Court (not family court) in the appropriate county for the incompetency and guardianship proceeding.
  • Verified, complete paperwork: The initial petition and application must be signed as required and include the basic information the statutes require, including why guardianship is being requested and who should receive notice.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The family is seeking guardianship for an adult relative, and a parent was intended to handle the consultation and next steps. Under North Carolina law, the parent can file the verified petition to start the incompetency case with the Clerk of Superior Court. If another relative is better positioned to handle paperwork, attend the hearing, or serve as guardian, that relative can also file (or participate as the proposed guardian) because North Carolina’s filing rules are broad; the clerk ultimately decides whether guardianship is appropriate and who should be appointed.

Process & Timing

  1. Who files: Any person (often a parent, adult child, sibling, or other relative). Where: Clerk of Superior Court in the appropriate North Carolina county (special proceedings). What: A verified petition to adjudicate incompetence and, typically, an application to appoint a guardian. When: As soon as guardianship appears necessary; filing starts the court’s notice-and-hearing process.
  2. Notice and evaluation steps: After filing, the clerk’s office issues the case and schedules required steps, which commonly include giving notice to the respondent and listed interested persons and gathering information the clerk uses to decide capacity and need. Timing can vary by county and complexity.
  3. Hearing and appointment: The clerk holds a hearing on incompetency and, if incompetency is found, considers the guardianship application and appoints the appropriate type of guardian.

Exceptions & Pitfalls

  • Filing is broad, appointment is not automatic: Even though a parent or another relative can file, the clerk does not have to appoint the filer as guardian.
  • Incomplete “interested persons” lists: The petition and application require next-of-kin and other interested persons information to the extent known. Missing people can create service and notice problems that slow the case.
  • Less restrictive alternatives: North Carolina requires the petition to address alternatives considered and why they are not enough. Skipping this issue can lead to delays or additional court questions.

Conclusion

North Carolina allows a broad group of people to start an adult guardianship case: a parent may file, and another relative (or other person) may also file, by submitting a verified incompetency petition to the Clerk of Superior Court. After an incompetency finding, an application for appointment of guardian may be filed by a broad set of applicants, but the clerk decides who should serve and what type of guardianship is needed. Next step: file a verified incompetency petition with the Clerk of Superior Court promptly to start the court process.

Talk to a Guardianship Attorney

If a family is dealing with an adult relative who may need a court-appointed guardian, our firm has experienced attorneys who can help sort out who should file, what paperwork is needed, and what to expect in front of the Clerk of Superior Court. 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.