Jan242026
Guardianship Q&A Series

Do we need an interpreter for the guardianship hearing if the caregiver doesn’t speak English well? – North Carolina

Short Answer

In North Carolina, a guardianship hearing is a court proceeding (usually before the Clerk of Superior Court), so everyone who must participate needs to be able to understand what is happening and communicate with the court. If the caregiver has limited English proficiency and will be testifying, answering questions, or signing sworn paperwork in connection with the hearing, requesting a court interpreter is usually the safest approach. The Clerk’s office can explain the local process for requesting an interpreter, and the request should be made as early as possible.

Understanding the Problem

In a North Carolina adult guardianship case, can a caregiver with limited English proficiency participate in the guardianship hearing without an interpreter, or must an interpreter be arranged so the caregiver can understand the Clerk of Superior Court and communicate clearly during the hearing?

Apply the Law

North Carolina guardianship hearings are handled as special proceedings, typically in front of the Clerk of Superior Court. The clerk receives evidence and makes findings about the adult’s needs and who can suitably serve as guardian. Because the hearing can include sworn testimony, questions from the clerk, and review of written reports and documents, language access matters—if a key participant cannot understand the proceeding, it can affect fairness and the reliability of the evidence the clerk relies on.

Key Requirements

  • Meaningful participation: The caregiver must be able to understand questions from the clerk (or attorneys) and give accurate answers, especially when describing the adult’s daily needs, safety risks, and financial management issues.
  • Reliable evidence for the clerk: The clerk must receive enough information to decide what type of guardianship is needed (person, estate, or general) and who should serve. If language barriers cause confusion, the clerk may not get clear evidence.
  • Proper handling of reports and paperwork: Guardianship cases often involve written evaluations and court forms. If the caregiver is signing sworn documents or agreeing to responsibilities, accurate interpretation helps avoid mistakes.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The caregiver is the primary source of information about an adult dependent’s day-to-day functioning, medical risks (including seizures), communication limits, and ability to manage self-care and finances. If the caregiver does not speak English well, an interpreter helps ensure the clerk receives clear, accurate testimony about the adult’s needs and the caregiver’s ability to serve as guardian. Without interpretation, misunderstandings can lead to incomplete evidence, delays, or the need to continue the hearing to a later date.

Process & Timing

  1. Who files: The caregiver (or another interested person) typically raises the request. Where: With the Clerk of Superior Court handling the guardianship special proceeding in the county where the case is filed. What: A request for a court interpreter (many counties handle this through the clerk’s scheduling staff rather than a formal motion). When: As soon as the hearing date is set, and earlier if possible.
  2. Before the hearing: Confirm the interpreter’s language and dialect, whether the hearing is in-person or remote, and whether the interpreter will be present for any pre-hearing conference or swearing of witnesses. If the caregiver will submit affidavits or other sworn statements, ask how the court prefers those to be handled when interpretation is needed.
  3. At the hearing: The clerk receives evidence about the adult’s capacity and needs and decides whether a guardian is required and, if so, who should serve. If interpretation is arranged, the caregiver can answer questions directly through the interpreter, which usually makes the record clearer.

Exceptions & Pitfalls

  • Assuming a family member can interpret: Courts often prefer neutral interpreters for accuracy and to avoid conflicts, especially when testimony affects a legal decision about an adult’s rights and a caregiver’s responsibilities.
  • Proceeding “just to get it over with”: If the caregiver cannot fully understand questions or instructions, the clerk may not get reliable evidence about the adult’s needs or the proposed guardian’s plan, which can delay the case.
  • Remote-hearing logistics: If the hearing is remote, interpretation may require extra setup (separate audio channel, phone line, or platform features). Confirm this ahead of time to avoid day-of technical problems. For more on hearing logistics, see accessing a remote hearing.

Conclusion

In North Carolina, a guardianship hearing is an evidence-based proceeding before the Clerk of Superior Court, and the caregiver’s testimony often matters. If the caregiver does not speak English well and must testify, answer questions, or sign sworn paperwork, requesting an interpreter is usually necessary to make sure the clerk receives clear and accurate information. The next step is to contact the Clerk of Superior Court as soon as the hearing is scheduled to request a court interpreter before the hearing date.

Talk to a Guardianship Attorney

If a caregiver has limited English proficiency and a North Carolina guardianship hearing is coming up, our firm has experienced attorneys who can help explain what the clerk will focus on and how to request language access so the hearing can move forward smoothly. 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.