Short Answer

In North Carolina, you petition the Clerk of Superior Court to declare your mother incompetent and appoint a guardian. The court will only do this if there is clear, cogent, and convincing evidence that she cannot manage her affairs or make important decisions due to a qualifying condition. The court must choose the least restrictive option, which can be a limited guardian, a guardian of the person, a guardian of the estate, or both. If there is immediate risk, you can ask for an interim (emergency) guardian.

Understanding the Problem

You want to know how you, as the child, can get legal authority in North Carolina to help your mother when she will not sign a power of attorney. The single decision point is whether the Clerk of Superior Court can appoint a guardian for her. You are seeking court-appointed authority because she refuses to cooperate, and you need timely help.

Apply the Law

North Carolina handles adult guardianships in two steps: (1) the court decides whether the adult is incompetent; and, if so, (2) the court appoints an appropriate guardian. “Incompetent” means the adult lacks sufficient capacity to manage affairs or to make/communicate important decisions due to a condition such as illness, injury, or similar cause. The proceeding is filed and heard by the Clerk of Superior Court in the county where your mother lives. The respondent (your mother) must be personally served (typically by the sheriff), has rights at the hearing (including a guardian ad litem and the right to a jury at her request), and the petitioner must prove incompetence by clear, cogent, and convincing evidence. If there is imminent risk to her person or estate, the court may appoint an interim guardian quickly. If your mother has lived most recently in another state, North Carolina applies special jurisdiction rules (home-state and significant-connection tests) to decide which state should hear the case.

Key Requirements

• Verified petition: File a sworn petition asking the Clerk of Superior Court to adjudicate incompetence and appoint a guardian.
• Personal service and representation: Ensure the sheriff personally serves your mother; the court will appoint a guardian ad litem and notify next of kin.
• Proof standard: Provide clear, cogent, and convincing evidence of functional inability tied to a qualifying cause or condition.
• Least restrictive alternative: The court tailors relief (limited guardian, guardian of the person, guardian of the estate, or general guardian) to preserve rights your mother can still exercise.
• Emergency relief: If there is imminent risk of harm to health or finances, request an interim guardian on “reasonable cause” to protect her until the full hearing.
• Jurisdiction and venue: File where your mother lives in North Carolina; if multi-state issues exist, the “home state” typically controls.
• Financial safeguards: A guardian of the estate usually must post bond and file inventories and accountings; the court may appoint a neutral if conflicts exist.

What the Statutes Say

• North Carolina Gen. Stat. § 35A-1105 (Petition to adjudicate incompetence) – Starts the case by verified petition to the clerk.
• North Carolina Gen. Stat. § 35A-1112 (Hearing; standard of proof) – Requires clear, cogent, and convincing evidence and directs entry of the adjudication order.
• North Carolina Gen. Stat. § 35A-1114 (Interim guardianship) – Allows emergency appointment when immediate intervention is needed.
• North Carolina Gen. Stat. § 35B-15 (Definitions under UAGPPJA) – Defines “home state” and other terms used to decide which state has jurisdiction.

Analysis

Apply the Rule to the Facts: Because your mother refuses to sign a power of attorney and blocks help, guardianship is the legal route. You will need evidence that her condition (for example, significant vision impairment plus functional deficits) prevents her from managing finances or making essential decisions. Given the joint accounts and your ownership of the home she occupies, the clerk may limit your role or appoint a neutral for the estate to avoid conflicts. If HOA warnings and blocked repairs show risk to health or property, request an interim guardian to authorize necessary maintenance and stabilize finances.

Process & Timing

1. Who files: You (or DSS). Where: Clerk of Superior Court in the North Carolina county where your mother lives. What: AOC-SP-200 (Petition for Adjudication of Incompetence and Application for Appointment of Guardian) and AOC-SP-201 (Notice of Hearing); include the interim-guardian request if urgent. When: File as soon as the need arises; the clerk sets the hearing promptly, and the sheriff personally serves your mother.
2. The court appoints a guardian ad litem, may order a multidisciplinary evaluation, and holds a hearing. Be ready with medical records, witness testimony, photographs or letters showing blocked repairs, and bank statements that show the need for protection.
3. If incompetence is found, the clerk tailors the guardianship (limited, person, estate, or general), administers the oath, sets any bond for an estate guardian, and issues Letters of Guardianship to authorize action.

Exceptions & Pitfalls

• Guardianship is last resort: Be prepared to explain why less restrictive options (like a representative payee for benefits) will not work here.
• Evidence gaps: Poor choices alone are not incompetence; tie functional limitations to a qualifying condition with specific examples and records.
• Conflicts of interest: Because you own the house and share accounts, the clerk may appoint a neutral guardian of the estate to avoid self-dealing concerns.
• Jurisdiction: If your mother recently lived in another state, the “home state” rule may affect where to file; address this in your petition.
• Bond and compliance: Estate guardians must post bond and file inventories and annual accountings; failure to comply can lead to removal.
• Service and rights: Ensure personal service on your mother; only she may demand a jury on incompetence, and a guardian ad litem will participate.
• Property questions: Guardianship does not decide title or create a “life estate”; separate real estate proceedings may be needed if occupancy rights are disputed.

Talk to a Guardianship Attorney

If you’re dealing with a parent who refuses help and you need court authority to protect health, safety, or finances, 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.