Feb182026
Guardianship Q&A Series

Can I get guardianship if my adult child lives in a different county from me? – North Carolina

Short Answer

Yes. In North Carolina, a parent can still pursue guardianship even if an adult child lives in a different county. The key issue is usually venue: most adult guardianship cases are handled by the Clerk of Superior Court in the county tied to the adult child’s incompetency case (often where the adult child lives), not the parent’s county. In some situations, the Clerk can transfer the case to a different county for good cause.

Understanding the Problem

In North Carolina adult guardianship, the main question is not whether a parent can seek guardianship, but where the case must be filed when the adult child and the parent live in different counties. The actor is typically a parent filing paperwork asking the Clerk of Superior Court to appoint a guardian for an adult child who may not be able to manage personal, medical, or financial decisions safely. The key trigger is the county connected to the adult child’s guardianship and any related incompetency proceeding.

Apply the Law

North Carolina adult guardianship cases are handled in the estates division before the Clerk of Superior Court. For an adult, the court process typically involves (1) an incompetency proceeding and (2) if the adult is found incompetent, the appointment of a guardian. When the parent and adult child live in different counties, the controlling rule is venue—meaning which county’s Clerk has the case. Venue for appointing a guardian for an incompetent adult is generally in the county where the person was adjudicated incompetent, unless the matter is transferred to another county by order.

Key Requirements

  • Proper venue (the right county): The guardianship appointment is generally handled in the county tied to the adult child’s incompetency adjudication, not automatically the parent’s home county.
  • Clerk of Superior Court jurisdiction: The Clerk of Superior Court (not a jury trial court) has original authority over adult guardianship appointments and related proceedings.
  • Transfer only by order for good cause: If a different county would be more appropriate, the Clerk can transfer the case, but it requires a motion or the court’s own action and a written transfer order.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts indicate a parent wants guardianship for an adult child who lives separately in another county, but the reason guardianship is needed is not yet known. Under North Carolina law, living in a different county does not prevent a parent from filing; it mainly affects which county’s Clerk of Superior Court should handle the incompetency and guardianship filings. If the case starts in the adult child’s county and later another county becomes more practical, a transfer may be requested for good cause.

Process & Timing

  1. Who files: Typically the parent (or another interested person). Where: The Clerk of Superior Court (estates division) in the proper county under the venue rules—often the adult child’s county for the incompetency/guardianship track. What: A petition to have the adult adjudicated incompetent and, if appropriate, a petition/application to appoint a guardian (form names and packets vary by county). When: As soon as there is a real need for court authority; timing can matter if health care decisions or financial risks are ongoing.
  2. Next step: The Clerk schedules the required steps in the incompetency case (including required notices and appointments that protect the adult’s rights). The timeline can vary by county and by how quickly service and evaluations can be completed.
  3. Final step: If the adult is adjudicated incompetent, the Clerk can enter an order appointing the appropriate type of guardian and issue letters that prove the guardian’s authority.

Exceptions & Pitfalls

  • Wrong county filing: Filing in the parent’s county when venue belongs elsewhere can lead to delays, added cost, or the need to re-file or request transfer.
  • Transfer is not automatic: Even if it would be more convenient for the parent, a move to another county generally requires a showing of good cause and a written order transferring the file.
  • Missing facts about “why guardianship is needed”: The reason guardianship is sought affects the type of guardianship requested (person, estate, or general) and what evidence and planning is needed; incomplete intake information often leads to avoidable continuances.

For additional background on how the process typically unfolds, see how to start the guardianship process and the steps from filing to appointment.

Conclusion

Yes—an adult child living in a different county does not block a North Carolina guardianship case. The main issue is venue: adult guardianship appointments are generally handled by the Clerk of Superior Court in the county tied to the adult child’s incompetency adjudication, unless the Clerk transfers the matter for good cause. A practical next step is to confirm the correct county and file the incompetency/guardianship petition with that county’s Clerk of Superior Court as soon as the need for legal decision-making authority is clear.

Talk to a Guardianship Attorney

If a parent is trying to pursue guardianship for an adult child who lives in a different North Carolina county, our firm has experienced attorneys who can help clarify the correct filing county, the required steps, and the likely 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.