Dec162025
Guardianship Q&A Series

How can I start an adult guardianship for my child who has just turned 18, and what steps come first? – North Carolina

Short Answer

In North Carolina, an “adult guardianship” usually starts with a court process to have the person legally found incompetent and then to have a guardian appointed by the Clerk of Superior Court. The first steps are to file a verified petition for adjudication of incompetence (which can be filed up to six months before the 18th birthday) and, if appropriate, file an application asking to be appointed as guardian. If there is an immediate risk of harm, a separate motion can ask the clerk to appoint an interim guardian while the incompetency case is pending.

Understanding the Problem

In North Carolina, a parent can ask the Clerk of Superior Court to put decision-making authority in place after a child turns 18 when the now-adult cannot manage important personal, medical, or financial decisions. The key question is how to start the adult guardianship process so authority can begin as soon as it is legally available. The first decision point is whether the situation requires standard guardianship steps or whether immediate, short-term authority is needed while the case is pending.

Apply the Law

North Carolina does not automatically give parents decision-making power once a child turns 18. For most adult guardianships, the clerk must first adjudicate the respondent incompetent, and then the clerk can appoint a guardian (guardian of the person, guardian of the estate, or a general guardian). The case is filed with, and handled primarily by, the Clerk of Superior Court as a special proceeding. North Carolina law also allows a petition to be filed for a minor who is within six months of reaching 18, which can help avoid a gap in authority.

Key Requirements

  • Verified court filing: The process begins with a sworn (verified) petition asking the clerk to adjudicate incompetence; it may be filed for an adult or for a minor within six months of turning 18.
  • Legal finding of incompetence: At a hearing, the clerk (or a jury if requested) decides whether incompetence is proven under the required proof standard; if not proven, the clerk must dismiss the case.
  • Guardian appointment request: A separate application asks the clerk to appoint the requested type of guardian and includes required identifying and financial information to the extent known (including whether the request is for the person, the estate, or both).

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the goal is decision-making authority in place when the child reaches 18. North Carolina law supports starting early by filing the verified incompetency petition within the six-month window before the 18th birthday, and pairing it with the guardian application so the clerk can move from adjudication into appointment without unnecessary delay. If a gap in authority would create an immediate risk (for example, no one can consent to needed treatment or manage urgent benefits or bills), the interim-guardian motion is the tool designed for short-term authority while the full case proceeds.

Process & Timing

  1. Who files: Typically a parent or other interested person. Where: Clerk of Superior Court (special proceeding) in the appropriate North Carolina county. What: (1) a verified Petition for Adjudication of Incompetence; and (2) an Application for Appointment of Guardian (often filed at the same time). When: As early as six months before the 18th birthday under North Carolina law.
  2. Notice and representation: After filing, the case proceeds with required notice/service and the court schedules a hearing. The clerk conducts the hearing (or a jury does, if requested) and considers testimony and documents.
  3. Hearing and next order: If the clerk (or jury) finds incompetence by the required standard, the clerk enters an adjudication order and then appoints the appropriate type of guardian based on the application and the evidence presented.

Exceptions & Pitfalls

  • Waiting until after age 18: If filing does not happen until after the 18th birthday, there can be a real gap where parents do not have legal authority to access information or make decisions, even when everyone agrees help is needed.
  • Requesting the wrong type of guardian: North Carolina distinguishes between a guardian of the person, guardian of the estate, and general guardian. Asking for broader powers than necessary can create objections and delay; asking for narrower powers than needed can leave key problems unsolved.
  • Incomplete application information: The guardian application calls for identifying information, next-of-kin information, and (to the extent known) a general picture of assets, income, and liabilities. Missing or vague information often slows review and scheduling.
  • Using “emergency” tools when the facts do not support them: An interim guardian requires a verified motion and facts showing immediate risk and need for immediate intervention. Filing it without those facts can lead to denial and added time and expense.

Conclusion

In North Carolina, starting adult guardianship for a child turning 18 generally means filing a verified petition with the Clerk of Superior Court to adjudicate incompetence, followed by (or combined with) an application to appoint the proper type of guardian. If timing matters, the law allows filing within six months before the 18th birthday to reduce gaps in authority. The clearest first step is to file the verified incompetency petition with the clerk as soon as the six-month window opens.

Talk to a Guardianship Attorney

If you’re dealing with an adult guardianship for a child who is turning 18 and need decision-making authority in place, our firm has experienced attorneys who can help explain the process, prepare the filings, and track timing and hearing requirements. 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: 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.