Jan172026
Guardianship Q&A Series

How do I start the guardianship process if my relative keeps leaving treatment facilities? – North Carolina

Short Answer

In North Carolina, starting an adult guardianship usually begins by filing a verified petition with the Clerk of Superior Court to have the relative legally adjudicated incompetent. If the situation is urgent because the relative keeps leaving treatment and there is an imminent risk of harm, the same case can also request an interim guardian so someone can act quickly while the court process moves forward. The clerk (not a jury) typically handles these hearings and decides whether to appoint a guardian and how broad the powers should be.

Understanding the Problem

In North Carolina guardianship cases, the core question is whether an adult relative can be found legally incompetent so that the Clerk of Superior Court can appoint a guardian to make certain decisions that the relative cannot manage safely. This issue often comes up when an adult cycles through crisis events, is placed in treatment settings, and then leaves or checks out before stabilizing. The guardianship process focuses on capacity and safety, and it can include a request for a short-term, limited court order when immediate intervention is needed.

Apply the Law

North Carolina uses Chapter 35A to decide adult incompetency and guardianship. A guardianship case generally has two phases: (1) an incompetency proceeding (to determine whether the adult is legally incompetent), and (2) a guardianship appointment proceeding (to decide who should serve and whether the guardianship should be limited to specific areas). The main forum is the Clerk of Superior Court in the appropriate county, and urgent situations may allow an interim guardian hearing on a fast timeline.

Key Requirements

  • File the right starting papers: A verified petition asking the clerk to adjudicate the adult incompetent, and (if needed) a verified motion asking for an interim guardian while the case is pending.
  • Show a real need for court intervention: Facts should explain why the adult cannot manage important decisions and why less restrictive options are not working in practice.
  • Match the guardianship to the need: The clerk can consider the nature and extent of the needed guardianship, including whether a limited guardianship is enough instead of a broad one.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe an adult relative with repeated crisis incidents, involvement of emergency responders, and repeated placements in treatment settings followed by leaving or checking out. Those facts often support filing a verified incompetency petition because they can show impaired decision-making that creates safety risks and instability. If the pattern includes immediate danger to physical well-being (for example, leaving treatment and quickly returning to crisis), the same filing can also seek an interim guardian so someone can act before the full incompetency hearing is completed.

Process & Timing

  1. Who files: Any person (often a family member). Where: The Clerk of Superior Court in the county tied to the guardianship proceeding (commonly the adult’s county of residence). What: A verified petition to adjudicate incompetence, and if urgent, a verified motion for appointment of an interim guardian. When: As soon as the pattern shows ongoing risk and repeated inability to stay in care long enough to stabilize.
  2. Urgent track (interim guardian): If an interim guardian motion is filed and served, the clerk must set a prompt hearing; by statute, the hearing must occur as soon as possible and not later than 15 days after service on the respondent. If granted, the interim order should be limited to what is necessary and lasts a short time under the statute.
  3. Full case (incompetency + permanent guardianship decision): The clerk holds the incompetency hearing and, if the adult is adjudicated incompetent, then proceeds to appoint the appropriate type of guardian (guardian of the person, guardian of the estate, or a general guardian). The clerk can also consider whether a limited guardianship fits the situation better than a broad order.

Exceptions & Pitfalls

  • Guardianship is not the same as keeping someone in a facility: Guardianship can authorize decision-making, but treatment facilities and other settings may still have their own legal rules about discharge, consent, and safety holds. In some situations, a different legal process may be needed in addition to guardianship.
  • Over-asking can backfire: Requesting a broad guardianship when only limited help is needed can create unnecessary conflict and may not match what the clerk is willing to order. A narrower request tied to the actual risks often fits better.
  • Weak or vague facts: “Not thinking clearly” is not enough by itself. The petition and any interim motion should describe concrete incidents (patterns of leaving care, inability to follow discharge plans, repeated crisis calls) and connect them to specific risks.
  • Notice and service problems: Interim relief still requires prompt service and a hearing. Delays in locating the respondent or serving paperwork can slow down the urgent track.

For more background on urgent options, see emergency guardianship and how it can work in a fast-moving crisis.

Conclusion

In North Carolina, the guardianship process for an adult who repeatedly leaves treatment typically starts by filing a verified petition with the Clerk of Superior Court to adjudicate the adult incompetent, followed by an application to appoint the right type of guardian (often a guardian of the person, sometimes also of the estate). When the situation involves immediate safety risk, a verified motion for an interim guardian can be filed in the same case, and the clerk must hold that hearing as soon as possible and no later than 15 days after service. The next step is to file the verified petition (and interim motion if needed) with the clerk promptly.

Talk to a Guardianship Attorney

If a family member keeps leaving treatment facilities and the situation is escalating, our firm has experienced attorneys who can help explain North Carolina’s guardianship options, what evidence the clerk typically looks for, and how to request interim authority when time matters. 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: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.