Short Answer

Yes. In North Carolina, adult siblings are “interested persons” and may appear, be heard, and object in a guardianship case. Being unfit to serve as guardian (for example, due to mental health issues that impair the ability to manage another’s care or finances) does not bar your brother from objecting; it mainly affects whether he can be appointed. The Clerk of Superior Court will appoint a suitable guardian in your mother’s best interests.

Understanding the Problem

In North Carolina, can your brother object to your petition to be appointed guardian of your hospitalized mother? You are seeking appointment; your brother has mental health issues and no contact with your mother. The single issue is whether he can contest the case even if he is not a suitable choice to serve.

Apply the Law

North Carolina guardianship for incompetent adults is a special proceeding handled by the Clerk of Superior Court. Any interested person (including adult children and siblings) may file and may be heard at the hearing. The Clerk decides whether the respondent (your mother) needs a guardian and, if so, who is suitable, using a “best interests” standard and considering less restrictive options. Mental health concerns can disqualify someone from serving as guardian if they make the person unsuitable, but they do not erase that person’s ability to receive notice and object.

Key Requirements

• Standing to object: Relatives such as adult siblings are interested persons who receive notice and may appear and be heard.
• Notice and hearing: The Clerk schedules a formal hearing; the respondent and next of kin must receive proper notice before the hearing.
• Best interests standard: If a guardian is needed, the Clerk appoints a suitable person in the respondent’s best interests; family preference is considered but is not controlling.
• Suitability to serve: A proposed guardian must be able to perform the duties and free from disqualifying conflicts or impairments; mental health issues can affect suitability.
• Representation and protection: If an adult is under a disability and not otherwise represented, the court can appoint a guardian ad litem to ensure their interests are protected and accept service through that representative.

What the Statutes Say

• North Carolina Gen. Stat. § 35A-1101 (Key definitions) – Defines incompetent adult and related terms.
• North Carolina Gen. Stat. § 35A-1104 (Petition) – Starts the case to determine incompetence and appoint a guardian.
• North Carolina Gen. Stat. § 35A-1212 (Who may be appointed guardian) – Clerk appoints a suitable guardian in the ward’s best interests.
• North Carolina Gen. Stat. § 35A-1242 (Removal or replacement) – Allows removal or replacement of a guardian for cause.

Analysis

Apply the Rule to the Facts: Your brother is an interested person, so he can appear and object at your mother’s guardianship hearing. His mental health issues and lack of contact make him unlikely to be found suitable to serve, but that does not prevent him from being heard. The Clerk will focus on your mother’s best interests and may appoint you if you are suitable, or another appropriate person, and can tailor powers to the least restrictive level.

Process & Timing

1. Who files: You (the petitioner). Where: Clerk of Superior Court in the county where your mother resides or is present in North Carolina. What: File the AOC-SP-200 series (Petition for Adjudication of Incompetence and Application for Appointment of Guardian) and required notices. When: File as soon as the need arises; the hearing is set after proper notice to your mother and next of kin.
2. The Clerk issues process and sets a hearing. If your brother cannot be located or is under a disability, the court can appoint a guardian ad litem to accept service and protect his participation. Hearings are formal; the Clerk decides facts and law and may limit discovery to protect vulnerable parties.
3. After the hearing, the Clerk enters a written order on incompetence and, if needed, appoints a guardian (of the person, of the estate, or a general guardian) and issues Letters of Appointment.

Exceptions & Pitfalls

• Unfitness to serve does not erase the right to object; it only affects who can be appointed.
• Improper service or missing notice to next of kin can delay or derail the hearing; if a party is under a disability or cannot be found, ask the court to appoint a guardian ad litem to receive service.
• If a valid power of attorney already meets your mother’s needs, the Clerk may deny or limit guardianship in favor of less restrictive alternatives.
• If family conflict is high, the Clerk may appoint a neutral third party rather than a relative.

Talk to a Guardianship Attorney

If you’re dealing with a contested adult guardianship and need help with notice, hearings, or who should serve, our firm has experienced attorneys who can help you understand your options 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.