Short Answer

In North Carolina, most guardianship hearings are held by the Clerk of Superior Court and are in person by default. The respondent (the person alleged to be incompetent) is generally required to attend the adjudication hearing unless the clerk excuses their attendance. Petitioners, attorneys, and witnesses may be allowed to appear by video or phone if the clerk approves it in advance; practices vary by county and by the type of hearing.

Understanding the Problem

You’re asking whether, in North Carolina, you must go to the courthouse for guardianship hearings before the Clerk of Superior Court or if you can participate by video/phone instead. You’re petitioning for guardianship over an incapacitated relative, and arranging travel is difficult because counsel is several hours away.

Apply the Law

Guardianship hearings are special proceedings before the Clerk of Superior Court. The clerk runs the hearing, applies the Rules of Evidence, and ensures a clear record. The respondent’s attendance at the initial incompetency/adjudication hearing is typically required unless the clerk excuses it for good cause. Whether a petitioner, counsel, or a witness may attend remotely is up to the clerk, who can set procedures to make sure everyone can be seen and heard, administered an oath, and able to present or test evidence. Appeals from the clerk’s orders have short timelines.

Key Requirements

• Clerk’s control of the hearing: The clerk decides how the hearing proceeds, including format and decorum, and can issue orders to manage logistics.
• Respondent’s attendance at adjudication: The respondent is expected to attend the initial adjudication hearing unless the clerk excuses attendance based on health, safety, or similar good cause.
• Remote participation on request: Petitioners, counsel, and witnesses may appear remotely only if the clerk approves in advance; local practices differ.
• Evidence and recording: Hearings are formal; the Rules of Evidence apply and the clerk may record the proceeding. Remote participation must allow reliable testimony under oath.
• Military service checks: If a respondent does not appear, the clerk typically requires a servicemember affidavit before entering a judgment.

What the Statutes Say

• N.C. Gen. Stat. § 7A-103 (Powers of the clerk) – Clerk controls proceedings, may issue orders, and enforce decorum.
• N.C. Gen. Stat. § 1-301.3 (Hearings before the clerk; orders; appeal) – Hearings are formal, may be recorded, require written findings, and have short appeal deadlines.

Analysis

Apply the Rule to the Facts: Because you are petitioning for guardianship of a relative, your case will be heard by the Clerk of Superior Court. The clerk can allow remote appearances for petitioners, counsel, or witnesses if asked in advance, but the initial adjudication hearing commonly requires the respondent’s participation and is often held in person. Given your travel challenges, you should promptly ask the clerk for permission to appear remotely; the clerk will decide based on the case needs and local procedures.

Process & Timing

1. Who files: Petitioner (or counsel). Where: Clerk of Superior Court in the county where the guardianship petition is filed. What: A written request or motion asking to attend the hearing remotely (no standard statewide AOC form). When: Make the request as soon as you receive the notice of hearing so the clerk can rule and set up technology.
2. After filing the request, the clerk may issue an order allowing or denying remote participation and may set conditions (e.g., test call, exhibit exchange, camera placement, oath procedures). County practices vary.
3. If approved, attend via the court’s chosen platform. If denied, plan for in‑person attendance. The clerk will enter a written order after the hearing, which may be appealable on a short timeline.

Exceptions & Pitfalls

• Respondent’s participation: The clerk may require the respondent to attend the adjudication hearing; if attendance would harm the respondent, ask the clerk to excuse attendance.
• Local practice: Some counties expect in‑person attendance for adjudication hearings but may allow remote attendance for status or uncontested matters.
• Evidence issues: If credibility or sensitive medical evidence is central, the clerk may require in‑person testimony for key witnesses.
• Technology: Poor connectivity can derail a hearing; follow the clerk’s technical instructions and test your setup in advance.
• Notice and servicemember affidavits: If a respondent does not appear, the clerk may require a servicemember declaration before entering judgment; make sure service and any required affidavits are in order.

Talk to a Guardianship Attorney

If you’re dealing with a guardianship hearing and need guidance on in‑person versus remote attendance, 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.