How do I start the process to become the legal guardian of my disabled child? – North Carolina

Short Answer

In North Carolina, the process usually starts by filing the correct guardianship paperwork with the Clerk of Superior Court in the child’s county. The court will require notice to certain family members and will decide whether a guardianship is needed and, if so, what type (guardian of the person, guardian of the estate, or a general guardian). If the child is close to age 18, planning ahead matters because many parental rights end at majority unless another legal authority is in place.

Understanding the Problem

In North Carolina, when a parent asks, “How do I start the process to become the legal guardian of my disabled child?” the decision point is which court process applies to the child’s situation and what legal authority is needed to keep making personal, medical, and financial decisions. The process can look different depending on whether the child is still a minor, whether there is already a juvenile court case, and whether the goal is authority over personal decisions, money and benefits, or both. The starting step is identifying the right type of guardianship and the right filing office so the case begins in the correct forum and does not get delayed.

Apply the Law

North Carolina uses different guardianship tracks depending on the child’s age and the court involved. For many families, the starting point is the Clerk of Superior Court, who handles guardianship filings and appointments in many situations. In juvenile court cases (for example, where a court is already making decisions about a juvenile’s placement), the district court can appoint a guardian of the person as part of that case. Separately, for education rights at age 18, school-related decision-making can shift to the student unless another legal mechanism applies.

Key Requirements

Choose the type of guardianship needed: A guardian of the person focuses on care and decision-making; a guardian of the estate focuses on money and property; a general guardian covers both.
File in the correct forum: Many guardianship applications start with the Clerk of Superior Court; some guardianships are appointed within an existing juvenile court case in district court.
Provide required information and notice: The filing must identify the child, parents, and other interested people, explain why a guardian is needed, and follow the court’s notice and hearing process.

What the Statutes Say

N.C. Gen. Stat. § 35A-1221 (Application before clerk) – Lists what must be included when applying to the clerk to appoint a guardian for a minor in certain situations and allows the applicant to request the type of guardian.
N.C. Gen. Stat. § 7B-600 (Appointment of guardian) – Allows the district court in a juvenile case to appoint a guardian of the person when certain conditions apply and sets out the guardian’s general authority and duration.
N.C. Gen. Stat. § 7B-2001 (Appointment of guardian) – Provides similar authority for appointment of a guardian of the person in juvenile proceedings and explains what the guardian can do and when the authority ends.
N.C. Gen. Stat. § 115C-109.2 (Adult children with disabilities; surrogate parents) – Explains that education rights generally transfer at age 18 and provides a process for appointing someone to represent educational interests in certain situations.

Analysis

Apply the Rule to the Facts: The goal is to obtain court authority for a parent to keep making decisions for a disabled child, so the first step is selecting the correct guardianship type (person, estate, or both) and starting in the correct forum. If the child is a minor and the case is not already in juvenile court, the process often begins by filing an application with the Clerk of Superior Court that explains why a guardian is needed and identifies the people who must receive notice. If there is an existing juvenile court matter, the district court may be the place where a guardian of the person is appointed as part of that proceeding.

Process & Timing

Who files: Usually a parent or another responsible adult. Where: Typically the Clerk of Superior Court in the child’s North Carolina county of residence (or district court if the guardianship is being addressed inside an existing juvenile case). What: A guardianship application/petition that includes the child’s identifying information, the parents and other interested persons, the reason guardianship is requested, the type of guardianship requested, and a summary of assets if a financial guardianship is sought. When: As early as possible, and well before the child turns 18 if the goal is uninterrupted decision-making authority.
Notice and scheduling: After filing, the court process typically requires notice to parents and other interested persons and then a hearing date is set. The clerk or court may require additional documents and may address whether a bond applies and what ongoing reporting is required, depending on the type of guardianship.
Hearing and appointment: The clerk or judge decides whether a guardianship is needed and, if so, who should serve and what powers apply. If appointed, the guardian receives court-issued authority documents and must follow any reporting, supervision, or limitations set by the court.

Exceptions & Pitfalls

Wrong forum: Filing with the clerk when the issue belongs in an existing juvenile court case (or vice versa) can cause delays. A quick screening of the child’s current court involvement helps avoid this.
Requesting the wrong type of guardian: Some families need authority over medical and placement decisions but not money; others need help managing benefits or property. Asking for broader authority than necessary can increase complexity and oversight.
Incomplete “interested persons” information: Guardianship filings often require identifying parents and other people with a legal interest. Missing names/addresses can lead to notice problems and continuances.
Education decision-making confusion at 18: Even when a parent has long managed school issues, education rights can transfer to the adult student. Separate school procedures may apply for educational representation in some situations, and that process is not the same as a court guardianship.

Conclusion

In North Carolina, starting the guardianship process usually means filing the proper guardianship application or petition in the correct court—often with the Clerk of Superior Court in the child’s county—and requesting the right type of guardianship (person, estate, or both). The filing must explain why a guardian is needed and follow the court’s notice and hearing requirements. The most important timing issue is planning ahead of the child’s 18th birthday. Next step: file the guardianship application with the Clerk of Superior Court as early as possible before age 18.

Talk to a Guardianship Attorney

If you’re dealing with starting a North Carolina guardianship for a disabled child, our firm has experienced attorneys who can help explain the options, prepare the filings, and keep the case moving through the Clerk of Superior Court or the appropriate district court process. 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.