Jan272026
Guardianship Q&A Series

What happens after a guardianship petition is filed, including who gets notice and what the guardian ad litem does? – North Carolina

Short Answer

In North Carolina, after a guardianship case is filed for an adult, the Clerk of Superior Court typically appoints an attorney as a guardian ad litem (GAL) for the respondent unless the respondent hires a lawyer. The respondent must receive formal notice, and the GAL must promptly meet with the respondent, explain rights, and tell the clerk what the respondent wants. The case then moves toward a hearing before the clerk, where the clerk decides whether a guardian is needed and, if so, who should serve and whether the guardianship should be limited.

Understanding the Problem

After a guardianship petition is filed in North Carolina for an older adult who may have dementia, what steps does the Clerk of Superior Court take next, who must receive notice of the case, and what does the guardian ad litem do to protect the respondent’s rights during the incompetency and guardianship process?

Apply the Law

In North Carolina, adult guardianship usually starts with a petition asking the Clerk of Superior Court to determine that an adult is “incompetent” and then (if incompetency is found) to appoint a guardian. A key early step is representation for the respondent (the person alleged to be incompetent). By statute, the respondent has the right to a lawyer of their choice or an appointed attorney serving as guardian ad litem, and the guardian ad litem has specific duties to meet with the respondent, explain rights, and communicate the respondent’s wishes to the clerk. After an incompetency determination, the clerk holds a separate hearing on what type of guardian is needed (person, estate, or both) and who is most suitable to serve, including whether a limited guardianship is appropriate.

Key Requirements

  • Notice and service: The respondent must be served with the case paperwork, and the clerk can require notice to additional people (including counsel/GAL and other parties of record) so the hearing is fair and informed.
  • Representation for the respondent: Unless the respondent hires counsel, the clerk appoints an attorney as guardian ad litem to represent the respondent in the incompetency proceeding and protect legal rights.
  • Hearing and proof: The clerk holds hearings to decide (1) incompetency and (2) if a guardian is needed, what type and who should serve. The clerk can consider evidence about the person’s needs, assets, and whether a limited guardianship fits the situation.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the petition is being filed because an elderly relative in a skilled nursing facility is believed to have dementia and can no longer manage personal and financial affairs. After filing, the case should move quickly into (1) formal notice/service and (2) appointment of an attorney as guardian ad litem unless the relative hires counsel. The GAL’s early work—meeting with the relative, explaining rights, and communicating the relative’s wishes—often shapes what the clerk focuses on at the incompetency hearing and, if needed, at the later hearing about what type of guardian (person, estate, or both) fits the situation.

Process & Timing

  1. Who files: The petitioner (often a family member). Where: The Clerk of Superior Court in the county where the respondent resides or is present (county practice can vary). What: A petition for adjudication of incompetence and (often) an application to appoint a guardian. When: After filing, the clerk arranges service/notice and appoints a GAL promptly; hearing dates depend on the county’s calendar.
  2. Notice and appointment of GAL: The respondent must be served. The respondent’s attorney or appointed GAL must receive notices, and the clerk may direct notice to other people the clerk considers appropriate. The clerk appoints an attorney as GAL upon filing unless the respondent retains counsel, and the GAL should personally visit the respondent as soon as possible and explain the respondent’s rights.
  3. Hearings before the clerk: The clerk holds a hearing to decide incompetency. If the clerk finds incompetency, the clerk then holds (or schedules) a hearing on what guardianship is needed and who should serve, including whether a limited guardianship is enough and whether additional evaluations or suitability reports are needed.

Exceptions & Pitfalls

  • Confusing the GAL’s role: In an adult incompetency case, the GAL is an attorney appointed to represent the respondent. The GAL must present the respondent’s wishes to the clerk and may also address best interests if they differ, but the GAL is not the petitioner’s lawyer and does not “work for the family.”
  • Incomplete notice/service: If the respondent is not properly served, the clerk may not be able to proceed, and hearing dates can be continued. Service details can be technical, especially when the respondent is in a facility.
  • Overbroad guardianship requests: North Carolina law allows limited guardianship when appropriate. If the evidence supports only limited help (for example, financial decisions but not personal decisions), asking for a full guardianship without addressing limits can create avoidable conflict and delay.

Conclusion

After a guardianship petition is filed in North Carolina, the case typically moves into formal service/notice and appointment of an attorney as guardian ad litem for the respondent unless the respondent hires counsel. The GAL must promptly meet with the respondent, explain rights, and tell the Clerk of Superior Court what the respondent wants as the case heads toward a hearing. If incompetency is found, the clerk then decides what type of guardianship is needed (including whether it should be limited) and who should serve, so the next step is completing service and preparing for the clerk’s hearing.

Talk to a Guardianship Attorney

If a family member in a facility may no longer be able to manage personal or financial decisions, a North Carolina guardianship case can move quickly once filed, and notice and hearing steps matter. Our firm has experienced attorneys who can help explain the process, prepare for the clerk’s hearing, and keep timelines on track. 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.