How can I find a guardianship lawyer for a loved one with a disability? – North Carolina

Short Answer

In North Carolina, adult guardianship is a court process handled by the Clerk of Superior Court under Chapter 35A. Look for a North Carolina guardianship attorney who regularly handles incompetency and guardianship hearings before the clerk, evaluates less-restrictive options, and prepares the required AOC special proceeding forms. If safety or assets are at immediate risk, ask about emergency or interim relief while the full case is pending.

Understanding the Problem

You want to know how to find the right North Carolina guardianship lawyer to help start an adult guardianship for a loved one with a disability. In North Carolina, a family member (or other interested person) can ask the Clerk of Superior Court to appoint a guardian if the adult cannot manage personal or financial affairs. A caller asked whether our firm has guardianship and disability lawyers available.

Apply the Law

North Carolina law allows a court to appoint a guardian for an “incompetent adult,” which means the person cannot manage important personal or property decisions. Guardianship is a special proceeding in the Clerk of Superior Court for the county where the adult lives. The clerk holds a formal hearing, applies a high proof standard, and must use the least-restrictive option (for example, a limited guardian) when possible. The clerk may appoint a guardian ad litem for the respondent and can order evaluations. If urgent protection is needed, the court can consider interim or emergency measures.

Key Requirements

• Incompetency standard: The adult cannot manage essential personal or financial decisions because of a condition or disability.
• Proper forum and filing: File a special proceeding with the Clerk of Superior Court in the adult’s county of residence using the AOC guardianship petition forms.
• Notice and representation: Serve the respondent and required parties; the clerk typically appoints a guardian ad litem to protect the respondent’s rights.
• Hearing and proof: The clerk holds a formal hearing and requires strong, credible evidence; the Rules of Evidence apply.
• Least-restrictive option: The clerk must prefer limited or tailored guardianship over broad control when appropriate.
• Type of guardian: Guardian of the Person (care decisions), Guardian of the Estate (money/property; bond and accountings), or General Guardian (both).

What the Statutes Say

• North Carolina Gen. Stat. § 35A-1101 (Definitions; incompetent adult) – Defines key terms used in incompetency and guardianship.
• North Carolina Gen. Stat. § 35A-1201 (Purposes; construction) – Emphasizes least-restrictive alternatives and preserving rights.
• North Carolina Gen. Stat. § 35A-1202 (Definitions of guardian types) – Explains guardian of the person, guardian of the estate, and general guardian.

Analysis

Apply the Rule to the Facts: Because the caller is seeking a guardianship and disability lawyer, a North Carolina guardianship attorney can evaluate whether the loved one meets the incompetency definition, confirm the proper county, and prepare the AOC petition and summons for filing with the Clerk of Superior Court. The attorney will coordinate service, address the guardian ad litem appointment, and gather reliable evidence for the hearing. If immediate protection is needed, counsel can request interim relief and then tailor the final order to the least-restrictive guardianship that fits the person’s needs.

Process & Timing

1. Who files: An interested person (often a family member). Where: Clerk of Superior Court in the adult’s North Carolina county of residence. What: Petition for Adjudication of Incompetence and Application for Appointment of Guardian (AOC special proceeding forms) and Special Proceedings Summons. When: File as soon as the need is identified; hearing dates are set by the clerk.
2. Serve the respondent and required parties under the civil rules; the clerk typically appoints a guardian ad litem and may order a multidisciplinary evaluation. The clerk then conducts a formal evidentiary hearing. Timelines can vary by county.
3. If granted, the clerk issues an order and Letters of Appointment (specifying guardian type). A guardian of the estate usually posts bond and files required inventory and periodic accountings. The guardian of the person files required status reports as directed.

Exceptions & Pitfalls

• Consider less-restrictive alternatives first (powers of attorney, supported decision-making, representative payee). Courts must prefer limited guardianship when it fits the person’s abilities.
• Incomplete service or missing parties can delay or derail the hearing; follow Rule 4 service requirements and local clerk instructions.
• Insufficient evidence of incapacity or failing to tailor the request (e.g., asking for a general guardian when a limited order would do) can result in a denial or narrowed order.
• For estate guardians, bond, inventory, and annual accountings are mandatory; missing filings can lead to removal.
• If risk of harm is immediate, ask about interim or emergency relief; procedures and proof are stricter and time-sensitive.

Talk to a Guardianship Attorney

If you’re dealing with starting an adult guardianship for a loved one with a disability, 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.