Jan212026
Guardianship Q&A Series

What happens if I can’t find or contact other family members who may need to be notified about the guardianship case? – North Carolina

Short Answer

In North Carolina, a guardianship case still can move forward even if some family members cannot be found, but the court will require proof of reasonable efforts to locate them. If a required person is unknown or unlocatable after due diligence, the court can allow service by publication and can appoint a guardian ad litem to represent that missing person’s interests. The safest approach is to document the search efforts early and ask the Clerk of Superior Court for instructions before the hearing is held.

Understanding the Problem

In a North Carolina adult guardianship case, the petitioner must give notice to certain people (often including next of kin) so they have a fair chance to participate. The problem arises when a petitioner cannot find or contact a family member who may need notice, such as a sibling or adult child whose address is unknown. The single decision point is whether the missing person is required to receive notice and, if so, what steps the Clerk of Superior Court will require when that person cannot be located in time for the guardianship hearing.

Apply the Law

North Carolina guardianship proceedings are handled as special proceedings before the Clerk of Superior Court. In an incompetency/guardianship case, the respondent must be personally served, and the petitioner must also mail the required papers to the respondent’s next of kin listed in the petition (and any other people the clerk designates) within a short window after filing. When a person who should receive notice cannot be found after due diligence, North Carolina law allows the court to authorize service by publication under the Rules of Civil Procedure and to appoint a guardian ad litem to represent the missing person’s interests.

Key Requirements

  • Identify who must receive notice: The petition should list the respondent’s next of kin and any other people the clerk requires so the clerk can determine who should be notified.
  • Use “due diligence” to locate missing relatives: The petitioner should make reasonable, documented efforts to find current contact information before asking the court to use publication.
  • Ask the clerk for an alternate method of service when needed: If the person remains unlocatable, the petitioner typically must file an affidavit (or similar sworn statement) describing the search efforts and request permission for service by publication; the court may also appoint a guardian ad litem for the missing person.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the petition seeks a general guardianship (person and estate) for an elderly relative with severe dementia who lives in a long-term care facility. Because the case affects major personal and financial rights, the clerk will expect the petition to list next of kin and for required notices to be mailed promptly after filing. If some relatives cannot be found, the case does not automatically stop, but the petitioner should be prepared to show documented due diligence and request court-approved alternate service (often publication) so the clerk can proceed without risking a later challenge based on lack of notice.

Process & Timing

  1. Who files: The petitioner seeking guardianship. Where: The Clerk of Superior Court in the county where the guardianship/incompetency proceeding is filed in North Carolina. What: The petition and the required notice documents for the incompetency/guardianship hearing, plus a sworn affidavit describing search efforts if a relative cannot be located. When: The petitioner must mail copies to next of kin alleged in the petition within five days after filing unless the person accepts notice.
  2. If a relative cannot be located: The petitioner typically files a motion/request asking the clerk to allow service by publication and attaches an affidavit detailing the due diligence search (for example, last known address checks, contact attempts through known relatives, and other reasonable steps). The clerk may require additional attempts before authorizing publication.
  3. After publication is authorized: Notice is published as required by the civil rules, and the court appoints a guardian ad litem to represent the unlocatable person’s interests. The case can then move toward hearing once the clerk is satisfied that notice requirements have been met.

Exceptions & Pitfalls

  • Assuming publication is automatic: The clerk typically expects a real, documented search first. A thin affidavit can delay the hearing or create risk that the notice will be attacked later.
  • Listing incomplete next-of-kin information: If the petition omits a known relative or provides outdated details without explanation, the clerk may require amendments and re-noticing.
  • Confusing “mailing” with “service”: The respondent must be personally served, while next-of-kin notice is often handled by mailing unless the clerk orders otherwise. Mixing these up can cause continuances.
  • Not coordinating with the guardian ad litem role: When a person is served by publication as unknown or unlocatable, the court appoints a guardian ad litem for that person; failing to request this step (or failing to follow the clerk’s instructions) can stall the case.
  • Local practice differences: Clerks may have different preferences for what “due diligence” documentation should include, so early communication with the clerk’s office can prevent last-minute hearing delays.

For a related discussion about notice problems and how they can affect a case later, see didn’t know about the guardianship when it was put in place.

Conclusion

In North Carolina guardianship cases, missing family members do not automatically prevent the case from moving forward, but the clerk will require proper notice. The petitioner must timely mail notice to next of kin listed in the petition and must be ready to prove due diligence if a required person cannot be located. If the person remains unlocatable, the clerk can authorize service by publication and appoint a guardian ad litem for that person. Next step: file a sworn due-diligence affidavit and request alternate service with the Clerk of Superior Court promptly after filing.

Talk to a Guardianship Attorney

If a North Carolina guardianship case involves missing or hard-to-locate family members and notice requirements are creating delays, our firm has experienced attorneys who can help explain the process, prepare the due-diligence paperwork, and keep the case moving on the right timeline. 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: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.