Jan252026
Guardianship Q&A Series

How do I get legal guardianship for an adult dependent who can’t communicate or care for themselves? – North Carolina

Short Answer

In North Carolina, legal guardianship for an adult usually requires two court steps: (1) a Clerk of Superior Court proceeding to have the adult legally found “incompetent,” and (2) a separate appointment of a guardian (of the person, the estate, or both). The clerk can tailor the guardianship to what is actually needed, including a limited guardianship. The process is paperwork-heavy and notice-driven, and it often involves medical or other professional evidence about the adult’s functional limits.

Understanding the Problem

In North Carolina guardianship cases, the key question is: can a parent (or other caregiver) get court authority to make personal and/or financial decisions for an adult dependent who cannot communicate choices or safely handle daily care? The decision point is whether the adult meets North Carolina’s legal standard for being declared incompetent, which triggers the Clerk of Superior Court’s power to appoint a guardian with defined duties.

Apply the Law

North Carolina uses a clerk-run court process for adult guardianship. A guardianship appointment generally follows an incompetency case, and the clerk keeps ongoing oversight after appointment. The clerk can appoint a guardian of the person (care and decision-making), a guardian of the estate (money and property), or a general guardian (both). When the evidence supports it, the clerk may order a limited guardianship instead of taking away all decision-making authority.

Key Requirements

  • A proper filing in the right forum: A verified petition to adjudicate incompetence is filed with the Clerk of Superior Court, and the guardianship application is filed with the clerk as well (often at the same time).
  • Proof of incapacity and need: The evidence must show the adult cannot manage important personal decisions and/or finances in a safe way due to a condition affecting capacity, and that a guardian is needed to cover those gaps.
  • Right “type” and “scope” of guardianship: The clerk decides whether the case calls for a guardian of the person, guardian of the estate, general guardian, or a limited guardianship tailored to the adult’s abilities.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe an adult dependent with significant disabilities who is nonverbal and cannot manage daily self-care or finances. Those facts commonly line up with the need for a court finding of incompetence and then a guardianship that covers both personal decision-making and financial management. The clerk still must decide the narrowest workable scope, so the evidence should focus on what decisions the adult cannot make or communicate and what risks exist without a guardian.

Process & Timing

  1. Who files: Often a parent/caregiver or another interested person. Where: The Clerk of Superior Court (estates/guardianship) in the appropriate North Carolina county. What: A verified petition to adjudicate incompetence, plus an application to appoint a guardian (person, estate, or general). When: There is no single statewide “deadline” to start; timing usually turns on safety, medical decision needs, benefits/finances, and whether a crisis is developing.
  2. Evaluation and evidence: The clerk may rely on current medical or multidisciplinary information about diagnosis, functional limits, and ability to communicate informed choices. If the clerk decides more information is needed, the clerk can order an evaluation and can request a suitability review of the proposed guardian.
  3. Hearing and appointment: The clerk holds hearings (first on incompetence, then on the guardianship appointment). If the clerk appoints a guardian, the clerk’s order will define the guardian’s powers and whether the guardianship is limited or general. After appointment, the clerk continues oversight, and guardians of the estate typically have ongoing reporting/accounting duties.

Exceptions & Pitfalls

  • Asking for “too much” authority: North Carolina clerks can order limited guardianship. A petition that seeks a full/general guardianship without explaining why narrower powers will not work can slow the case or lead to a narrower order than expected.
  • Incomplete family/notice information: Guardianship filings require identifying next of kin and other interested persons. Missing or outdated contact information can delay service and hearings.
  • Mixing up “person” vs. “estate” duties: A guardian of the person handles care and personal decisions; a guardian of the estate handles money and property. When finances are involved (benefits, bank accounts, property), the clerk may require additional safeguards and ongoing reporting.
  • Not preparing for ongoing clerk oversight: Guardianship is not a one-time order. The clerk retains jurisdiction and can require reports, adjust bond issues, or remove a guardian for cause.

For more background on how these cases typically begin and what the court looks for, see starting the guardianship process and what it takes to have an adult declared incompetent.

Conclusion

In North Carolina, getting legal guardianship for an adult who cannot communicate or care for themselves usually requires filing a verified incompetency petition with the Clerk of Superior Court and then applying for appointment as guardian of the person, guardian of the estate, or a general guardian. The clerk can also order a limited guardianship if that fits the adult’s abilities. The next step is to file the incompetency petition and guardianship application with the Clerk of Superior Court in the proper county as soon as decision-making or financial access is becoming urgent.

Talk to a Guardianship Attorney

If a family is caring for an adult dependent who cannot communicate decisions or manage daily care and finances, a guardianship case may be needed to get clear legal authority and avoid delays. Our firm has experienced attorneys who can help explain options, prepare the filings, and track the required steps with 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: 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.