Jan182026
Guardianship Q&A Series

Can I get guardianship over an adult relative who refuses help and won’t agree to sign anything? – North Carolina

Short Answer

Yes. In North Carolina, an adult relative does not have to agree or sign paperwork for a guardianship to be created. Instead, a petitioner can file an incompetency petition with the Clerk of Superior Court, and if the clerk (or a jury) finds the adult is incompetent by clear, cogent, and convincing evidence, the clerk can appoint a guardian.

Guardianship is not automatic and it is not a shortcut for getting someone to accept help. It is a court process with notice, a hearing, and rights for the person being evaluated.

Understanding the Problem

In North Carolina, can a family member ask the Clerk of Superior Court to appoint a guardian for an adult who refuses help, will not sign forms, and keeps leaving treatment settings? The decision point is whether the adult can be adjudicated “incompetent” through the court process, because a guardianship generally starts only after that adjudication. The question often comes up after repeated crisis events where emergency responders are involved and the adult’s choices create ongoing safety, medical, or housing concerns.

Apply the Law

North Carolina uses a court-supervised process to decide whether an adult is legally “incompetent” and, if so, what type of guardianship is needed. The proceeding is filed with (and heard by) the Clerk of Superior Court as a special proceeding. If the clerk (or a jury) finds incompetence by clear, cogent, and convincing evidence, the clerk enters an adjudication order and then appoints an appropriate guardian (often a limited guardian when only certain decisions need help).

Key Requirements

  • A proper petition filed with the clerk: A verified petition for adjudication of incompetence must be filed with the Clerk of Superior Court. The adult’s consent is not required to file.
  • Proof of legal incompetence: The court must find, using a high evidence standard, that the adult meets North Carolina’s legal definition of incompetence (not just that the adult is making risky choices or refusing help).
  • Guardianship tailored to the need: If incompetence is found, the clerk decides the nature and extent of guardianship needed (for example, a guardian of the person for care/placement decisions, a guardian of the estate for finances, or a limited guardianship when only certain areas require support).

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe repeated crisis incidents, emergency responder involvement, and treatment placements where the adult can leave. Those facts often support a concern that the adult may not be able to manage personal care, safety, or treatment decisions consistently, which is the type of concern that can lead a family member to file an incompetency petition. Still, the court’s focus is not whether the adult refuses help, but whether the adult meets the legal standard for incompetence and whether a guardianship (often limited) is necessary to address specific decision-making gaps.

When treatment facilities allow discharge “against medical advice” or the adult can check themself out, that can be a sign the adult is still legally able to make decisions, or it can be a sign that the adult’s decision-making is impaired but has not yet been addressed through the Chapter 35A process. In many cases, the most persuasive evidence is specific, recent examples showing an inability to understand or communicate decisions, follow through with basic care, or avoid predictable harm—rather than general frustration that the adult will not cooperate.

For related reading on this same issue, see start the guardianship process if a relative keeps leaving treatment facilities and emergency guardianship considerations.

Process & Timing

  1. Who files: Any person (often a family member) files. Where: The Clerk of Superior Court in the appropriate North Carolina county (commonly where the adult resides). What: A verified petition to adjudicate the adult incompetent, and typically an application to appoint a guardian (often filed together). When: There is no single universal “time limit” to file, but timing matters because the court will weigh how current and specific the evidence is.
  2. Notice, representation, and hearing: The clerk sets a hearing and the adult (the respondent) has rights in the proceeding, including the ability to present evidence and challenge the petition. The clerk (or a jury, if requested/required in the case) decides whether the legal standard for incompetence is met.
  3. If incompetence is found, appointment of guardian: After an adjudication of incompetence, the clerk appoints the guardian and defines the scope (limited vs. general; person vs. estate). The clerk can also require information to evaluate what powers are actually needed and who can serve appropriately.

Exceptions & Pitfalls

  • Refusing help is not the same as incompetence: North Carolina courts do not appoint guardians just because an adult makes choices others disagree with. The petition must prove legal incompetence under the required standard.
  • Overbroad requests can backfire: Asking for a full, general guardianship when the problem is really limited (for example, only medical decision-making or only finances) can create resistance and may not match what the clerk views as necessary. Limited guardianship is often a better fit when only certain decisions are impaired.
  • Evidence problems: Vague statements like “not thinking clearly” usually carry less weight than specific incidents, dates, discharge summaries, and examples of inability to manage basic needs or safety. Records and witnesses often matter more than opinions.
  • Confusing guardianship with mental health commitment: Guardianship is about decision-making authority after an incompetency adjudication. Emergency mental health holds and inpatient commitment have different rules and different goals. When the immediate issue is danger in the moment, other legal tools may be more appropriate than waiting for a guardianship hearing.
  • Family conflict and suitability: Even if incompetence is proven, the clerk still decides who can “most suitably serve” as guardian. Prior conflict, financial issues, or lack of availability can affect who the clerk appoints.

Conclusion

In North Carolina, an adult relative does not have to agree or sign anything for a guardianship case to begin. Guardianship generally requires filing a verified incompetency petition with the Clerk of Superior Court and proving incompetence by clear, cogent, and convincing evidence; only then can the clerk appoint a guardian and tailor the powers (often through limited guardianship). The next step is to file the incompetency petition with the clerk in the proper county as soon as reliable, current evidence can be gathered.

Talk to a Guardianship Attorney

If a family is dealing with an adult relative who refuses help, cycles through crisis calls, and keeps leaving treatment settings, our firm has experienced attorneys who can help explain the North Carolina guardianship process, what evidence matters, and what timelines to expect. 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.