Dec292025
Guardianship Q&A Series

How do I file for emergency guardianship for my adult child who is mentally incompetent? – North Carolina

Short Answer

In North Carolina, emergency guardianship is handled through the clerk of superior court and usually starts with (1) a verified incompetency petition and (2) an application to be appointed guardian. The clerk can move quickly when there is an urgent need for immediate medical or safety decisions, but the emergency request does not replace the required incompetency process. A parent typically files in the county where the adult child lives (for example, the county where the group home is located).

Understanding the Problem

In North Carolina, a parent may need emergency guardianship when an adult child cannot make safe medical or financial decisions and a decision must be made right away. The key decision point is whether the situation is urgent enough to ask the clerk of superior court for temporary authority before the full incompetency and guardianship process finishes. This question focuses on how to start that emergency process for an adult child who is mentally incompetent and living in a supervised setting such as a group home.

Apply the Law

North Carolina uses a clerk-of-court process to (1) adjudicate an adult as “incompetent” and then (2) appoint a guardian with legal authority to act for that person. The incompetency proceeding is the required gateway for a court-appointed guardianship, and North Carolina law treats it as the exclusive procedure for declaring an adult incompetent. A guardianship appointment can be requested at the same time as the incompetency petition or after it is filed, and emergency relief is typically requested within that same clerk-of-court case when immediate action is needed.

Key Requirements

  • Verified incompetency petition: A sworn filing asking the clerk to start a case to determine whether the adult lacks capacity to manage important personal or financial matters.
  • Guardianship application with required details: A filing that identifies the adult, next of kin, a general description of assets/income, and the type of guardian requested (person, estate, or both).
  • Urgency for temporary authority: Facts showing a real, immediate need for decision-making authority (often tied to medical consent, safety, placement, or preventing financial harm) while the full case is pending.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe an adult child in a group home with significant cognitive limitations and an inability to make safe medical or financial decisions. Those facts fit the reason North Carolina has an incompetency-and-guardianship process: to determine capacity through the clerk and, if appropriate, appoint a guardian to make decisions the adult cannot make safely. Because the child receives disability benefits and may have ongoing bills and care needs, the guardianship application should address both personal decision-making and financial management, depending on what authority is actually needed.

Process & Timing

  1. Who files: Usually a parent or other interested person. Where: The Clerk of Superior Court in the North Carolina county where the adult child resides (often where the group home is located). What: A verified petition to adjudicate incompetence plus an application to appoint a guardian (often filed together). When: File as soon as the urgent need is identified, because the emergency request depends on showing immediate risk or harm.
  2. Emergency request: Ask the clerk for temporary/emergency authority within the pending incompetency/guardianship case and provide specific facts showing why waiting for the regular hearing schedule would create a serious problem (for example, an immediate medical consent issue or an urgent placement decision). The clerk’s scheduling and required paperwork can vary by county, so the filing should be prepared to meet local requirements.
  3. Full case continues: Even if emergency authority is granted, the case typically proceeds to the incompetency determination and then to the longer-term guardianship appointment decision. The end result is a court order that either appoints a guardian (and states the scope of authority) or denies the request.

Exceptions & Pitfalls

  • Skipping the incompetency case: In North Carolina, the incompetency proceeding is the required gateway; emergency authority generally does not eliminate the need to file and prove incompetence through the clerk process.
  • Requesting the wrong type of guardian: North Carolina recognizes different roles (guardian of the person, guardian of the estate, or a general guardian). Asking for broader authority than needed can create delays or objections; asking for too little can leave gaps (for example, medical consent but no authority to manage benefits-related issues).
  • Incomplete family/asset information: The guardianship application should identify next of kin and provide a general picture of assets, income, and liabilities to the extent known. Missing information can slow the clerk’s review or require amendments.
  • Not tying “emergency” to specific facts: A request framed in general terms (for example, “needs help”) is weaker than a request tied to a concrete, time-sensitive decision (for example, an imminent medical procedure requiring consent or an immediate risk of financial loss).

Conclusion

In North Carolina, filing for emergency guardianship for an adult child generally starts with a verified incompetency petition filed with the clerk of superior court, along with an application to appoint a guardian that identifies the child, next of kin, assets/income, and the type of guardianship requested. Emergency authority depends on showing an immediate need for decision-making while the full case is pending. The practical next step is to file the verified incompetency petition and guardianship application with the Clerk of Superior Court in the county where the adult child resides as soon as the urgent issue arises.

Talk to a Guardianship Attorney

If a parent needs emergency authority to make medical or financial decisions for an adult child who cannot make safe decisions, our firm has experienced attorneys who can help explain the process, prepare the filings, and track local clerk-of-court requirements 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.

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.