Detailed Answer
If you live outside North Carolina and need to become guardian of an adult relative who cannot make decisions for themselves, you can still petition the North Carolina court that has jurisdiction over the proposed ward’s residence. North Carolina law (Chapter 35A of the North Carolina General Statutes) sets out clear steps to follow. Here’s how to get started:
1. Determine the Proper Court
You must file your petition in the clerk of superior court in the county where your relative (the proposed ward) lives. Your out-of-state residency does not prevent you from asking the court for guardianship, but North Carolina requires a local attorney to represent you in court proceedings.
2. Obtain a Capacity Evaluation
Before filing, arrange for a qualified professional—usually a licensed physician, psychologist, or licensed clinical social worker—to evaluate your relative’s capacity. The evaluator must complete the certificate required by N.C. Gen. Stat. § 35A-1211. The evaluation must be completed no more than 60 days before you file the petition.
3. Prepare and File the Petition
Your petition must include:
- The completed medical or psychological evaluation.
- A statement of your relative’s current physical, mental, and financial condition.
- Your relationship to the proposed ward and reasons you believe guardianship is necessary.
North Carolina law governs the form and content of the petition. See N.C. Gen. Stat. § 35A-1400.
4. Provide Notice and Service
Once you file, you must provide written notice to the proposed ward, their spouse, adult children, parents, and other close relatives. The court will also appoint a guardian ad litem to investigate the case and report on your relative’s best interests.
5. Attend the Hearing
You must appear at the guardianship hearing. If you cannot attend in person, ask the court about allowing testimony by telephone or video conference. The judge will consider the guardian ad litem’s report, the medical evaluation, and any objections before deciding whether to appoint you.
6. Receive Letters of Guardianship
After the judge signs the order, the clerk will issue “Letters of Guardianship.” These documents prove your legal authority to make decisions on behalf of your relative.
Key Takeaways
Use this checklist to guide you through the process of petitioning from out of state:
- Hire a local North Carolina attorney to file and appear in court on your behalf.
- Obtain a professional capacity evaluation within 60 days of filing. (§ 35A-1211)
- Complete and file the petition in the clerk of superior court where your relative lives. (§ 35A-1400)
- Serve notice on required family members and the proposed ward.
- Attend or arrange remote attendance at the guardianship hearing.
- Secure Letters of Guardianship after the judge signs the order.
Guardianship can be complex, especially when you live out of state. Pierce Law Group has attorneys experienced in North Carolina adult guardianship. We guide you through each requirement, from filing to final orders.
Ready to Protect Your Loved One? Contact Pierce Law Group today for a consultation. Email us at intake@piercelaw.com or call (919) 341-7055.
