Short Answer

In North Carolina, you request adult guardianship by filing a verified petition asking the Clerk of Superior Court to (1) adjudicate your adult child incompetent and (2) appoint an appropriate guardian. The court must consider less restrictive alternatives first and will tailor guardianship to the least authority needed (limited, person, estate, or general). After a hearing with “clear, cogent, and convincing” proof, the clerk may appoint a guardian and issue Letters you can use with banks and medical providers.

Understanding the Problem

You want to know if, in North Carolina, you can obtain court authority to make medical and financial decisions for your now‑adult child. As the parent, you must ask the Clerk of Superior Court to appoint a guardian so you can act for your child, who relies on hands‑on support after brain surgeries. The trigger is the child turning 18; after that, parents no longer have automatic decision‑making rights.

Apply the Law

Under North Carolina law, adult guardianship is a two‑step process handled by the Clerk of Superior Court: (1) the clerk decides whether the respondent (your adult child) is an “incompetent adult,” and (2) if so, the clerk decides what type of guardianship is needed and who should serve. The law requires consideration of less restrictive alternatives (for example, supported decision making, representative payee, or valid powers of attorney) and favors limited guardianship when possible. The petitioner must present clear, cogent, and convincing evidence at a hearing; the respondent is personally served and is appointed a guardian ad litem to safeguard rights. If a guardian of the estate is appointed, a bond and ongoing financial reporting are required before handling assets; Letters of Guardianship are then issued to prove authority.

Key Requirements

• Legal standard for incompetence: Show your adult child lacks sufficient capacity to manage affairs or make/communicate important decisions; the court must also weigh less restrictive alternatives before removing rights.
• Proper filing and venue: File a verified petition with the Clerk of Superior Court in the county of the respondent’s residence, asking both for incompetency and appointment of a guardian (AOC‑SP‑200).
• Notice and protections: Personal service on the respondent by sheriff; the court appoints a guardian ad litem; the respondent may have counsel and request a jury.
• Hearing and proof: The clerk holds a hearing and requires clear, cogent, and convincing evidence; multidisciplinary evaluations may be considered.
• Type and scope of guardianship: Guardian of the person (care/medical), of the estate (finances), or general (both); limited authority is preferred when it meets the need.
• Qualification and reporting: Guardians of the estate must post bond, qualify, and file inventories/accountings; Letters of Guardianship issue after qualification to show authority.

What the Statutes Say

• North Carolina Gen. Stat. § 35A-1101 (Key definitions) – Defines “incompetent adult” and incorporates less restrictive alternatives.
• North Carolina Gen. Stat. § 35A-1105 (Petition to adjudicate incompetence) – Any person may file; sets how cases begin.
• North Carolina Gen. Stat. § 35A-1112 (Hearing) – Requires a hearing and proof by clear, cogent, and convincing evidence.
• North Carolina Gen. Stat. § 35A-1212 (Appointment; nature and extent) – Clerk selects the most suitable guardian and tailors the scope.

Analysis

Apply the Rule to the Facts: Your adult child depends on hands‑on assistance after brain surgeries and you need banks and providers to honor your decisions. If less restrictive options (for example, representative payee, supported decision making, or valid powers of attorney) do not adequately meet needs, the clerk may adjudicate incompetence and appoint a limited or full guardian. Expect the guardian ad litem and the clerk to match the authority (person, estate, or general) to the actual needs shown at the hearing.

Process & Timing

1. Who files: You (or any interested person). Where: Clerk of Superior Court, Special Proceedings, in the respondent’s North Carolina county of residence. What: AOC‑SP‑200 (Petition for Adjudication of Incompetence and Application for Appointment of Guardian); consider AOC‑SP‑208 (Capacity Questionnaire). When: As soon as the need arises after age 18; there is no set statute of limitations, but you cannot act as guardian until the court enters orders and issues Letters.
2. Next: The sheriff personally serves your adult child; a guardian ad litem is appointed. The clerk may order a multidisciplinary evaluation and will schedule a hearing, often within several weeks (county timing varies).
3. Final: If incompetence is found, the clerk appoints the most suitable guardian and defines scope. A guardian of the estate posts bond, qualifies, and then uses Letters of Guardianship (AOC‑E‑206) with banks and providers; a guardian of the person receives Letters to handle care and medical decisions.

Exceptions & Pitfalls

• Less restrictive alternatives: The petition must address options like supported decision making, representative payee, or valid powers of attorney. If these suffice, the clerk may limit or decline guardianship.
• POA capacity trap: A durable or health care power of attorney is valid only if signed when the adult understands the document. If capacity is doubtful, providers may reject it; guardianship may be necessary.
• Co‑guardians vs. single guardian: Co‑guardians are permitted but can create tie votes and delays. A single guardian with a named successor often runs more smoothly unless the clerk sees a reason to split duties.
• Bond and qualification: If a guardian of the estate cannot obtain a surety bond, appointment can stall. Plan for bond early.
• Service and notice: The respondent must be personally served, and next‑of‑kin notified. Bad addresses and missed notice can delay the hearing.
• Medical decisions without a guardian: If there is no guardian or health care agent, medical providers may turn to the statutory surrogate list, which does not help with finances. Guardianship or a representative payee may still be needed for money management.

Talk to a Guardianship Attorney

If you’re dealing with adult guardianship for a loved one and need clear steps, forms, and timelines, 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.