Jan12026
Guardianship Q&A Series

Can I get guardianship in the state where my adult child lives if I live in a different state? – North Carolina

Short Answer

Yes. In North Carolina, a parent who lives in another state can still ask a North Carolina court to appoint them as guardian if North Carolina has jurisdiction over the adult child (usually because the adult child lives in North Carolina). The key issue is not where the parent lives, but whether North Carolina is the adult child’s “home state” or otherwise has jurisdiction under North Carolina’s adult guardianship jurisdiction rules. If another state already has an active guardianship case, North Carolina may have to pause or dismiss its case depending on which state has proper jurisdiction.

Understanding the Problem

When a parent lives outside North Carolina but the adult child lives in North Carolina (for example, in a group home), the question becomes: can a North Carolina court handle the incompetency and guardianship case even though the parent is an out-of-state resident? In North Carolina adult guardianship, the main decision point is which state’s court has authority to decide the case based on where the adult child lives and how connected the adult child is to North Carolina. The parent’s out-of-state address usually affects logistics, not whether the case can be filed in North Carolina.

Apply the Law

North Carolina follows a jurisdiction-first approach for adult guardianship cases. A North Carolina court can only adjudicate incompetence and appoint a guardian if North Carolina has jurisdiction under Chapter 35B. In most situations, jurisdiction exists when North Carolina is the adult child’s “home state” (commonly, the state where the person has been living for the required period before the case is filed). If another state is already handling a competing case, North Carolina courts may communicate with the other state’s court and decide whether North Carolina should proceed, stay the case, or dismiss it.

Key Requirements

  • North Carolina must have jurisdiction over the adult child: The court must be allowed to hear the case under North Carolina’s jurisdiction rules (most often because North Carolina is the adult child’s home state).
  • No controlling competing case in another state (or North Carolina is the better forum): If a guardianship or incompetency case is also filed elsewhere, the courts may need to sort out which state should handle it.
  • A proper path for cross-state guardianship if there is already an out-of-state order: If another state already appointed a guardian, North Carolina law may allow registration of certain guardianship orders in North Carolina when no North Carolina case is pending.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The adult child lives in a group home in North Carolina and has significant cognitive limitations that affect safe medical and financial decision-making. Those facts commonly line up with filing an incompetency and guardianship case where the adult child lives, because that is usually the easiest place for the court to gather information, notify the care setting, and evaluate current needs. The parent’s out-of-state residence does not automatically prevent appointment; the controlling issue is whether North Carolina has jurisdiction over the adult child under the home-state/significant-connection rules.

Process & Timing

  1. Who files: Typically a parent or other interested person. Where: The Clerk of Superior Court in the North Carolina county where the adult child lives (often the county where the group home is located). What: A petition to adjudicate incompetence and an application to appoint a guardian (forms and local filing requirements vary by county). When: Usually filed when decision-making support is needed for medical consent, placement decisions, or financial management; timing can also be affected if another state case is filed.
  2. If another state is involved: If a case is filed in more than one state, the North Carolina court may stay the case and communicate with the other state’s court to determine which state should proceed under the jurisdiction rules.
  3. If there is already an out-of-state guardianship order: In some situations, North Carolina allows registration of an out-of-state guardianship of the person order as a foreign judgment when no North Carolina incompetency/guardianship case is pending, which can help with recognition inside North Carolina.

Exceptions & Pitfalls

  • Competing filings in two states: If another state is also asked to appoint a guardian, North Carolina may have to pause or dismiss depending on which state qualifies as the home state and whether another court declines jurisdiction.
  • Assuming the parent’s state controls: A parent’s residence does not usually control jurisdiction; the adult child’s home state and connections do.
  • Confusing “registration” with “appointment”: Registering an out-of-state guardianship order (when allowed) is not the same as starting a new North Carolina incompetency/guardianship case. The correct approach depends on whether an order already exists and whether a North Carolina case is pending.
  • Practical management issues for out-of-state guardians: Even when appointment is allowed, day-to-day tasks (care meetings, medical appointments, facility coordination, and court reporting requirements) can be harder from out of state and should be planned for early.

Conclusion

North Carolina can appoint a guardian for an adult child who lives in North Carolina even when the parent lives in another state, as long as North Carolina has jurisdiction (most often because North Carolina is the adult child’s home state). If another state case is also filed, North Carolina may stay or dismiss the matter depending on which state has proper authority. The next step is to file the incompetency and guardianship paperwork with the Clerk of Superior Court in the county where the adult child lives.

Talk to a Guardianship Attorney

If a family is dealing with an adult child who lives in North Carolina but the parent lives out of state and needs legal authority to help with medical or financial decisions, our firm has experienced attorneys who can help explain options, jurisdiction rules, and timelines. 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: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.