Dec182025
Guardianship Q&A Series

How do I start a guardianship case for an adult who can’t manage personal or financial decisions? – North Carolina

Short Answer

In North Carolina, an adult guardianship usually starts by filing a verified petition asking the Clerk of Superior Court to determine that the adult is legally “incompetent” and, if so, to appoint a guardian. The case is filed as a special proceeding in the county tied to the adult’s residence (and in some situations, the adult’s location). After filing, the clerk sets a hearing, ensures required notice and service, and decides whether the evidence meets the legal standard for incompetence and what type of guardianship is needed.

Understanding the Problem

In North Carolina guardianship law, the key question is: can someone start a court case that asks the Clerk of Superior Court to appoint a guardian for an adult who cannot manage personal decisions, financial decisions, or both? The process usually begins when a family member or other concerned person believes the adult cannot handle basic needs or property decisions and needs a court-appointed decision-maker. The trigger for starting the case is the decision to ask the clerk to adjudicate the adult as incompetent and then, if that happens, to appoint a guardian with authority limited to the person, the estate, or both.

Apply the Law

North Carolina treats adult guardianship as a two-step court process handled in a special proceeding before the Clerk of Superior Court: (1) an incompetency proceeding (to decide whether the respondent is legally incompetent) and (2) a guardianship appointment proceeding (to decide whether to appoint a guardian and, if so, what kind). A petitioner may file a verified petition to ask for an adjudication of incompetence. A separate guardianship application may be filed at the same time as the incompetency petition or after an incompetency adjudication. If the clerk finds incompetence by the required standard of proof, the clerk enters an adjudication order and then appoints an appropriate guardian or, for good cause, transfers the guardianship appointment portion to another allowed county.

Key Requirements

  • Verified filing in the correct forum: The case starts with a verified petition filed with the Clerk of Superior Court (as a special proceeding) requesting an adjudication of incompetence.
  • Notice and service: The respondent and other required people must receive legally proper notice and service of the petition and any guardianship application, using the method required for the type of filing.
  • Proof and scope: At the hearing, the petitioner must present enough evidence for the clerk (or a jury, if requested) to find incompetence under the required standard, and the clerk can address the nature and extent of the person’s limitations when shaping the order and any guardianship that follows.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, no details are available yet about the adult’s condition, the risks involved, or the type of authority needed. Under North Carolina law, the starting point is still the same: a verified incompetency petition filed with the Clerk of Superior Court, followed by legally proper notice and service, and then a hearing where evidence supports whether the adult meets the legal standard for incompetence. Once those facts are gathered, the filing can also identify whether the situation calls for a guardian of the person, a guardian of the estate, or a general guardian.

Process & Timing

  1. Who files: A concerned person (often a family member or other interested person). Where: The Clerk of Superior Court in the appropriate North Carolina county, filed as a special proceeding. What: A verified petition for adjudication of incompetence; often an application for appointment of guardian is filed at the same time (or filed after incompetence is decided). When: As soon as there is a need for court authority to make decisions and there is enough information to complete the verified filings.
  2. Notice, service, and representation issues: After filing, the clerk sets a hearing date and requires service of the petition (and any guardianship application) on the respondent and others entitled to notice. The respondent has the right to participate, present evidence, and challenge the case at the hearing.
  3. Hearing and orders: The clerk (or a jury, if used) hears evidence. If the clerk finds the respondent incompetent under the required standard, the clerk enters an adjudication order and then proceeds to appoint an appropriate guardian (or transfers the guardianship appointment portion to another allowed county for good cause).

Exceptions & Pitfalls

  • Filing without enough detail: A guardianship application must include specific information to the extent known (including next of kin and a general picture of assets and liabilities), so gathering basic family and financial information early helps avoid delays.
  • Choosing the wrong type of guardianship: North Carolina recognizes different roles (guardian of the person, guardian of the estate, or a general guardian). Asking for broader authority than necessary can create disputes and added court scrutiny.
  • Service and notice problems: Guardianship and incompetency cases are often delayed by incomplete service on the respondent or missing notice to required relatives/other interested persons. North Carolina rules vary depending on whether the guardianship application is filed with the incompetency petition or later.

Conclusion

In North Carolina, starting an adult guardianship case typically means filing a verified petition with the Clerk of Superior Court to adjudicate the adult as incompetent, then following the clerk’s notice and service requirements, and presenting evidence at a hearing. If incompetence is proven by clear, cogent, and convincing evidence, the clerk enters an adjudication order and then appoints a guardian (of the person, the estate, or both) based on what the situation requires. Next step: file the verified incompetency petition with the Clerk of Superior Court in the appropriate county.

Talk to a Guardianship Attorney

If you’re dealing with a situation where an adult may need a court-appointed guardian to manage personal decisions, financial decisions, or both, 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.