Dec32025
Guardianship Q&A Series

Do I need to notify or get consent from other siblings before the court will appoint me, and what if someone objects? – North Carolina

Short Answer

In North Carolina adult guardianship cases, a sibling does not have to obtain written consent from other siblings to be appointed guardian, but the law does require formal notice to certain relatives, and the clerk of superior court may direct notice to siblings. Any interested person, including a sibling, can appear and object. If someone objects, the clerk holds a hearing, considers all evidence, and decides who can most suitably serve as guardian based on the ward’s best interests, not on birth order or family preference.

Understanding the Problem

The specific issue is whether, under North Carolina guardianship law, a sibling who wants to be appointed guardian of the person and estate for an adult family member must first get consent from other siblings, and what happens if a sibling or other relative disagrees with that appointment. The focus is on an adult ward who is in a mental health or care facility and has limited ability to manage personal and financial affairs. The decision point is what the clerk of superior court requires in terms of notice to family, whether the court needs written consent from siblings, and how the clerk resolves conflicts when one or more relatives object to a particular sibling serving as guardian.

Apply the Law

North Carolina guardianship law gives the clerk of superior court broad authority to decide who should serve as guardian for an incompetent adult. The clerk looks at the ward’s needs, the nature and extent of any guardianship, and who can most suitably serve, considering information from family and professionals. The statutes require formal service of the incompetency petition and guardianship application on the respondent and notice by mail to next of kin and any other persons the clerk directs; they also allow the clerk to consider recommendations and objections from relatives but do not require unanimous family consent. The main forum is the special proceedings division of the clerk of superior court in the county where the respondent resides or is present, and there are statutory time frames for issuing and serving notices and holding the hearing.

Key Requirements

  • Proper notice to required parties: The petition and initial notice of hearing must be served on the respondent and mailed to next of kin listed in the petition, and the clerk may direct that other interested persons, including siblings, receive notice.
  • Best-interest, suitability determination: At the guardianship hearing, the clerk must determine what type of guardianship is needed, the ward’s assets and needs, and which proposed guardian is most suitable, based on the ward’s best interests.
  • Opportunity for relatives to object and be heard: Any party of record or interested person who has notice may appear, support, or oppose a particular guardian, and the clerk will weigh those positions but is not bound by family agreement or disagreement.

What the Statutes Say

Analysis

Apply the Rule to the Facts: In the described situation, a sibling seeks appointment as guardian of both the person and estate for an adult ward who is indigent, in a care facility, and dealing with mental health issues. The incompetency and guardianship filings must list next of kin and trigger mailed notice to relatives, which often includes siblings. At the hearing, the clerk will consider the prior guardianship in another jurisdiction, any existing powers of attorney or their revocation, the ward’s mental health treatment, and each sibling’s position. If other siblings object, the clerk will hear their concerns, weigh them against the applicant sibling’s suitability and the ward’s current needs, and then decide whether to appoint that sibling, a different family member, or possibly a public or corporate guardian if that better serves the ward’s interests.

Process & Timing

  1. Who files: A sibling or other interested person files the verified petition to adjudicate incompetence and the application for appointment of guardian. Where: With the clerk of superior court in the North Carolina county where the respondent resides or is present. What: The clerk’s guardianship forms (including the incompetency petition and guardian application) available from the North Carolina court system’s website or clerk’s office. When: After filing, the clerk must issue notice of hearing within a few days, and the hearing is typically set for not less than 10 and not more than 30 days after service on the respondent, unless extended for good cause.
  2. The petition and initial notice of hearing are personally served on the respondent, and mailed to next of kin listed in the petition and others the clerk designates. The guardianship application is served on the respondent, counsel or guardian ad litem, and other parties of record as directed by the clerk. Siblings who receive notice can attend the hearing, support the application, or state objections on the record.
  3. At the hearing, the clerk receives testimony, medical or psychiatric records, facility information, and any family input to determine incompetence (if not already determined), the scope of guardianship (person, estate, or both), and who should serve. The clerk then enters a written order appointing the guardian and issues letters of guardianship, or, if persuaded by objections, may appoint a different guardian or limit the guardianship.

Exceptions & Pitfalls

  • Failure to list all known next of kin in the petition can lead to problems with notice, delays, or challenges to the guardianship order; accurate family information is important from the start.
  • Assuming that verbal agreement among siblings is enough can be risky, because the clerk still must receive proper filings and evidence and make an independent best-interest decision.
  • If the ward previously signed a valid North Carolina power of attorney or made a nomination of guardian, that designation may affect priority for appointment; the clerk will weigh family objections against those prior choices and the ward’s current capacity.
  • Family members sometimes believe that being the oldest sibling or primary caregiver guarantees appointment, but the statutes require the clerk to focus on suitability and conflicts of interest, which may lead to a different guardian, including a public guardian, especially when there is significant family conflict.
  • If any service or notice is defective, a dissatisfied relative may later seek to modify or set aside parts of the guardianship; careful compliance with notice rules reduces that risk.

Conclusion

North Carolina law does not require a sibling to obtain formal consent from other siblings before being appointed as guardian, but it does require that next of kin and other designated persons receive notice and an opportunity to be heard. The clerk of superior court decides who will serve as guardian after a hearing, based on the ward’s best interests and the suitability of each proposed guardian, regardless of family agreement or objections. The most important next step is to file a complete petition and guardianship application with the clerk and ensure that all required relatives receive proper notice before the scheduled hearing.

Talk to a Guardianship Attorney

If a family member is facing an adult guardianship in North Carolina and there is disagreement among siblings about who should serve as guardian, our firm has experienced attorneys who can help explain the notice requirements, prepare filings, and present evidence to the clerk. 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 a specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If there is 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.