Dec42025
Guardianship Q&A Series

How do I start a guardianship, and what paperwork and evidence will the court need? – North Carolina

Short Answer

In North Carolina, a guardianship case usually starts by filing a verified petition to have a person adjudicated incompetent with the clerk of superior court in the county where that person lives, followed by an application to appoint a guardian. The paperwork must provide detailed information about the person, family, assets, and why guardianship is needed, and the court will expect medical and practical evidence showing the person cannot manage personal or financial affairs and that less restrictive options are not enough. The clerk then holds a hearing, may order evaluations, and decides what type of guardianship, if any, is appropriate. Filing fees, service costs, and, in some cases, evaluation expenses apply and can vary by county.

Understanding the Problem

The question here is: under North Carolina guardianship law, how does someone begin a formal guardianship proceeding and what specific paperwork and evidence does the clerk of superior court expect before appointing a guardian? The focus is on the front end of the process: starting an incompetency case, asking for a guardian, and understanding what information, documents, and proof the court relies on. The concern often includes timing and cost—how quickly a guardian can be appointed and what filing and related expenses arise in this state guardianship process.

Apply the Law

Under North Carolina law, adult guardianship generally has two parts: (1) a petition to adjudicate the person incompetent, and, if granted, (2) an application and hearing to appoint a guardian of the person, estate, or both. These cases are filed and heard by the clerk of superior court in the county where the respondent (the proposed protected person) resides. In urgent situations, the clerk may consider an interim guardian based on a verified motion and evidence of immediate risk.

Key Requirements

  • Verified petition for incompetency: A signed and sworn petition must be filed with the clerk that provides required identifying information, asset details, and specific facts showing the respondent is incompetent and why an adjudication is sought.
  • Application for appointment of guardian: Once incompetency is at issue (or adjudicated), an application asks the clerk to appoint a guardian of the person, estate, or general guardian and identifies who should serve, with information about the respondent’s assets, liabilities, and needs.
  • Evidence of incapacity and need: At the hearing(s), the clerk receives testimony, documents, and often medical or evaluation evidence showing the nature and extent of the respondent’s limitations, the need for guardianship, and why lesser options are not sufficient.

What the Statutes Say

Analysis

Apply the Rule to the Facts: With no specific respondent details provided, North Carolina law would still require a verified petition that covers the respondent’s basic information, a description of assets and liabilities, a clear statement of behaviors or conditions showing incompetence, and an explanation of why less restrictive options, such as a power of attorney, are not adequate. After or along with that, an application would identify the type of guardianship requested and who is proposed to serve, supported by evidence such as doctor letters, evaluations, and witness testimony describing day-to-day problems with managing personal care or finances. If there were an immediate risk (for example, unsafe living conditions or rapid financial exploitation), a verified motion for an interim guardian could be filed, supported by specific, recent facts.

Process & Timing

  1. Who files: Any interested person or agency. Where: Clerk of Superior Court, Special Proceedings division, in the North Carolina county where the respondent resides. What: A verified petition for adjudication of incompetence (using the current guardianship petition form provided by the state courts system) and, either with it or after adjudication, an application for appointment of guardian. When: As soon as there is a good-faith basis to allege incompetence and a need for guardianship; there is no fixed statute of limitations, but delay can increase risk of harm.
  2. After filing, the clerk issues a summons, appoints a guardian ad litem for the respondent, and sets a hearing date. Service and scheduling often mean several weeks lead time, though the exact timing varies by county workload and the need for any ordered evaluations.
  3. At the incompetency and guardianship hearings, the clerk receives evidence and then issues written orders adjudicating incompetence (or not) and, if appropriate, appointing a guardian and defining powers. The appointed guardian then signs any required qualification paperwork, posts bond if required, and receives letters of guardianship from the clerk.

Exceptions & Pitfalls

  • Guardianship is considered a last resort; the petition must now address less restrictive alternatives, so failing to gather information about powers of attorney, health care directives, or supported decision-making can undercut the case.
  • Vague or general statements about memory problems, confusion, or poor money management without concrete examples, dates, or medical support often lead to continuances, requests for further evaluation, or denial.
  • Skipping required parties in the petition (such as known next of kin) or incomplete addresses can cause service problems and delay hearings.
  • In emergencies, waiting too long to request an interim guardian or not providing specific, recent facts about imminent harm can result in the court denying temporary protections.
  • Costs include filing fees, service fees, and possible evaluation charges; failure to plan for these, or to ask the clerk about fee waivers where appropriate, can slow the process.

Conclusion

To start a guardianship in North Carolina, an interested person must file a verified petition for adjudication of incompetence with the clerk of superior court in the respondent’s county, followed by an application to appoint a guardian if incompetence is found. The paperwork must give detailed identifying, financial, and family information, specific facts showing incompetence, and an explanation of why less restrictive options are not enough. The court relies on sworn statements, testimony, and often medical or evaluation evidence. The most important next step is to gather these details and documents and file complete, verified forms with the appropriate clerk.

Talk to a Guardianship Attorney

If you’re dealing with a possible North Carolina guardianship and need to start a case or understand what evidence the court will require, 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.

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.