Dec312025
Guardianship Q&A Series

How can I find out whether a guardianship case has been filed and what paperwork I’m entitled to receive? – North Carolina

Short Answer

In North Carolina, guardianship cases are filed with the Clerk of Superior Court (the “clerk”) in the county where the adult lives or is present, and the clerk’s office can usually confirm whether a case exists and how to request copies. If a guardianship petition has been filed, the clerk must ensure notice is given as required by law, and certain close family members and other interested persons typically receive formal notice and key filings. What paperwork someone is entitled to receive depends on the person’s legal role in the case (respondent, spouse, next of kin, petitioner, or other “interested person”) and whether any documents are sealed or protected by confidentiality rules.

Understanding the Problem

In North Carolina guardianship matters, the key question is whether a guardianship case has already been filed with the Clerk of Superior Court and, if so, what notice and paperwork the law requires the clerk or the parties to provide to the respondent’s spouse or family. The decision point is simple: has a petition been filed that asks the clerk to appoint a guardian (or to declare someone incompetent as part of a guardianship proceeding), or is there only an Adult Protective Services investigation with no court case yet? The answer determines whether the next step is a public-records style request through the clerk’s office for court filings, or a request for information through the agency process.

Apply the Law

North Carolina guardianship cases are court proceedings handled through the office of the Clerk of Superior Court. A guardianship case generally begins when someone files a petition asking the court to appoint a guardian. Once a petition is filed, the clerk must cause notice to be given as provided by law, which is the mechanism that triggers who receives formal paperwork and when. After the court appoints a guardian, the clerk issues “letters” of guardianship, which are the official proof of the guardian’s authority and are commonly needed to obtain records or act on the ward’s behalf.

Key Requirements

  • Confirm whether a court case exists: A guardianship “case” exists only if a petition (or related filing) has been filed with the Clerk of Superior Court and assigned a file number.
  • Identify the person’s role in the case: Entitlement to receive paperwork usually turns on whether the person is the respondent (the adult alleged to need a guardian), a spouse/close relative entitled to notice, the petitioner, or another legally recognized “interested person.”
  • Request the correct documents from the correct office: Court filings and orders are obtained from the Clerk of Superior Court (often through the estates/guardianship division). Proof documents after appointment typically include the order and the letters of guardianship.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The reported situation involves an Adult Protective Services allegation of financial abuse and uncertainty about whether a guardianship case has been filed. Under North Carolina practice, an APS investigation can exist without any court guardianship file, so the first step is confirming whether the Clerk of Superior Court has a guardianship file number for the adult. If a petition has been filed, the notice requirement becomes important because it is the legal trigger for who should receive formal paperwork, including close family members in many cases.

Process & Timing

  1. Who files: Typically a family member, another interested person, or in some situations a public guardian. Where: The Clerk of Superior Court in the appropriate North Carolina county (often handled through the estates/guardianship division). What: Ask the clerk’s office whether a guardianship file exists for the adult by name and date of birth (if the clerk requires it), and request copies of the petition and any orders on file. If a guardian has been appointed, request certified copies of the appointment order and the letters of guardianship. When: As soon as there is concern that a petition may have been filed, because hearings and notice periods can move quickly once a case is opened.
  2. Next step: If the clerk confirms a case exists, ask what the clerk requires to obtain copies (in-person request, written request, copy fees, and whether any documents are restricted). If the clerk confirms no case exists, the issue is likely limited to the APS investigation, and the next step is requesting the agency’s written notice, the worker’s identifying information, and the status of any plan to seek guardianship through the court.
  3. Final step: If a case exists and notice was not received, file an appropriate request with the clerk (often through a motion or written request in the file) asking the court to confirm service/notice and to provide access to filings that the law allows. If a guardian has already been appointed, obtain the letters of guardianship and the order, since those documents control what third parties will release and what authority exists.

Exceptions & Pitfalls

  • APS investigation vs. court case: An APS investigation does not automatically mean a guardianship case has been filed. Confusing the two can delay getting the right records from the right place.
  • Role-based access to paperwork: Being a spouse or family member does not always mean automatic access to every document. Some filings may be restricted, and the safest approach is to confirm status with the clerk and then request access based on the person’s legal relationship to the case.
  • Notice problems: If notice went to an old address or the wrong person, important hearings can still be scheduled. Quickly checking the court file helps identify whether notice was issued and how.
  • Relying on informal statements: Verbal updates from an agency worker are not a substitute for court paperwork. If a guardian has been appointed, the controlling documents are the clerk’s order and the letters of guardianship.
  • Not requesting certified copies when needed: Many institutions will not accept plain copies. After appointment, certified copies of the order and letters are often required to obtain information or act for the ward, including in areas like digital assets.

Conclusion

In North Carolina, the way to confirm whether a guardianship case has been filed is to check with the Clerk of Superior Court in the county where the adult is located and ask whether a guardianship file exists. If a petition has been filed, the clerk must cause notice to be given as required by law, and entitlement to paperwork usually depends on the person’s role (respondent, spouse/relative entitled to notice, petitioner, or other interested person). The most important next step is to request the petition and any orders from the clerk immediately after learning a filing may exist.

Talk to a Guardianship Attorney

If a guardianship filing may be happening alongside an Adult Protective Services investigation and it is unclear what has been filed or what notice is required, our firm has experienced attorneys who can help clarify the court process, identify what paperwork should exist, and track deadlines. 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.