Feb122026
Guardianship Q&A Series

How do I get guardianship of my parent if my sibling disagrees? – North Carolina

Short Answer

In North Carolina, a sibling’s disagreement does not block a guardianship case, but it usually makes the case contested. The process generally starts with an incompetency petition filed with the Clerk of Superior Court, followed by a hearing. If the clerk finds the parent is incompetent and a guardian is needed, the clerk then decides what type of guardianship is required and who can most suitably serve—even if siblings disagree.

Understanding the Problem

In North Carolina, can an adult child be appointed as guardian for a parent when another adult child disagrees? The decision point is whether the Clerk of Superior Court will (1) determine the parent is legally “incompetent” and needs a guardian, and then (2) choose the person who can most suitably serve as guardian despite family conflict. The disagreement often affects what evidence is needed and how the hearing is handled, but it does not automatically decide who is appointed.

Apply the Law

North Carolina adult guardianship is handled as a clerk-of-court proceeding. The clerk has original jurisdiction over guardianship appointments and related disputes. In a contested situation, the clerk focuses on whether guardianship is required, whether a limited guardianship would meet the need, and who is best suited to serve based on the parent’s needs, assets, and the practical ability to carry out the duties.

Key Requirements

  • Incompetency must be established: A guardianship for a parent typically follows (or is joined with) a court determination that the parent is legally incompetent to manage personal and/or financial affairs.
  • The type and scope of guardianship must match the need: The clerk can consider whether a limited guardianship is appropriate instead of a full guardianship, depending on the parent’s remaining abilities and the risks involved.
  • The proposed guardian must be suitable: The clerk evaluates who can most suitably serve, including the ability to act responsibly, avoid conflicts, and handle the specific duties (personal decisions, finances, or both).

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts presented involve an adult child seeking guardianship of a parent, with a sibling objecting. Under North Carolina law, the objection typically turns the matter into a contested hearing where the clerk must decide (1) whether the parent is incompetent and needs a guardian, (2) what scope of guardianship is necessary (including whether a limited guardianship would work), and (3) which candidate is most suitable to serve given the parent’s needs and the family conflict.

Process & Timing

  1. Who files: The adult child (or another interested person). Where: The Clerk of Superior Court in the county where the parent resides. What: A verified petition to adjudicate incompetence and an application to appoint a guardian (often filed together). When: As soon as a guardianship is truly needed; timing can matter if there are safety or financial risks.
  2. Notice and investigation: The case generally requires notice to close family/next of kin and other interested persons listed in the filings. In contested cases, the clerk may require additional information to evaluate the situation, including reports or evaluations to help determine the parent’s needs and the suitability of a proposed guardian.
  3. Hearing and decision: The clerk holds a hearing. If the clerk finds incompetency and that a guardian is required, the clerk appoints the appropriate type of guardian (guardian of the person, guardian of the estate, or general guardian) and issues letters of appointment.

Exceptions & Pitfalls

  • Guardianship is not automatic just because family disagrees: The clerk still must find legal incompetency and a need for guardianship; family conflict alone is not the legal standard.
  • Asking for “full” guardianship when a narrower option fits: If the evidence supports only a limited need, requesting a broad guardianship can create unnecessary resistance and may not match what the clerk is willing to order.
  • Suitability concerns: In a sibling dispute, the clerk often looks closely at practical caregiving capacity, financial responsibility, and conflicts of interest. Poor documentation, unclear plans, or unmanaged family conflict can undermine an otherwise valid request.
  • Incomplete filings: North Carolina requires specific information in the guardianship application, including next of kin and a general description of assets and liabilities. Missing or vague information can delay the case.

Conclusion

In North Carolina, a sibling’s disagreement does not prevent guardianship, but it often makes the case contested and evidence-driven. The Clerk of Superior Court must first determine the parent is incompetent and that a guardian is required, then decide whether a limited guardianship is enough, and finally appoint the person who can most suitably serve. The next step is to file a verified incompetency petition and a guardianship application with the Clerk of Superior Court in the parent’s county as soon as guardianship is truly needed.

Talk to a Guardianship Attorney

If a parent may need a guardian and family members disagree about who should serve, our firm has experienced attorneys who can help explain the process, prepare for a contested clerk’s hearing, and track deadlines and required notices. 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.