Jan92026
Guardianship Q&A Series

How do I start the process to get guardianship of my parent when I live in a different state than they do? – North Carolina

Short Answer

In North Carolina, an adult guardianship usually starts in the county where the parent lives, by filing a verified petition asking the Clerk of Superior Court to decide whether the parent is legally “incompetent” and, if so, to appoint a guardian. Living in a different state does not automatically prevent filing or serving as guardian, but it can affect logistics like service, hearings, and ongoing reporting. If the parent lives outside North Carolina and only has property in North Carolina, the process may instead involve an “ancillary” guardianship focused on North Carolina property.

Understanding the Problem

Under North Carolina guardianship law, the core question is: when an adult parent resides in a North Carolina county but the adult child lives in another state, can the adult child start a court process in North Carolina to have the parent declared incompetent and have a guardian appointed to make decisions for the parent? The decision point is where the case must be filed and what type of guardianship proceeding applies based on the parent’s residence and the location of the parent’s property.

Apply the Law

North Carolina adult guardianship is a court-supervised process handled as a special proceeding before the Clerk of Superior Court. In most situations, the case begins with a petition to adjudicate the parent incompetent. If the clerk finds the parent is incompetent, the clerk can then appoint a guardian (of the person, of the estate, or a general guardian for both). Venue is typically tied to the parent’s county in North Carolina, not the adult child’s out-of-state residence.

Key Requirements

  • Correct forum and venue: The case is filed with the Clerk of Superior Court in the proper North Carolina county, which is generally based on the parent’s North Carolina residence (or, in narrower situations, where a nonresident’s North Carolina property is located).
  • Two-step structure (often): A petition asks the clerk to decide incompetence, and an application asks the clerk to appoint a guardian (these can be filed together or separately depending on timing and local practice).
  • Notice and participation safeguards: The process includes formal notice and court oversight, and the parent (the “respondent”) is treated as the central person whose rights must be protected during the proceeding.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The parent resides in a different jurisdiction than the adult child, so the starting point is the parent’s residence and where the court has authority to act. If the parent lives in North Carolina, the case is typically filed in the parent’s North Carolina county before the Clerk of Superior Court, even if the adult child lives elsewhere. If the parent does not live in North Carolina but owns property in North Carolina and already has a guardianship (or similar fiduciary appointment) in the home state, an ancillary guardianship may be the better fit for handling North Carolina property.

Process & Timing

  1. Who files: Any person (often an adult child). Where: The Clerk of Superior Court in the proper North Carolina county (usually where the parent resides). What: A verified petition asking for an adjudication of incompetence, and an application requesting appointment of a guardian (person, estate, or general). When: File as soon as there is a real need for court authority to make decisions and less restrictive options are not workable; hearing schedules vary by county.
  2. Notice and evaluation steps: After filing, the court process typically includes formal notice to required family members and interested persons, and a structured way for the clerk to receive information about the parent’s condition and decision-making ability. Out-of-state family members often participate by coordinating documents, attending remotely when allowed, or traveling for key hearings depending on local practice.
  3. Hearing and appointment: The clerk holds a hearing to decide incompetence. If the clerk adjudicates incompetence, the clerk can then appoint the appropriate type of guardian and issue the paperwork that proves the guardian’s authority, with ongoing court supervision afterward.

Exceptions & Pitfalls

  • Filing in the wrong place: A common mistake is starting in the adult child’s state or county instead of the parent’s North Carolina county. Venue is usually tied to the parent’s North Carolina residence, not where the petitioner lives.
  • Choosing the wrong type of case: If the parent is a nonresident and the goal is only to deal with North Carolina property, an ancillary guardianship may apply only when there is already a home-state guardianship (or comparable fiduciary) in place.
  • Skipping less restrictive options: Guardianship is court-supervised and can be intrusive. When a valid power of attorney or other planning tool exists and still works, it may reduce the need for a full guardianship case (and it may change what relief is actually necessary).
  • Logistics for out-of-state petitioners: Living out of state can create practical problems—getting medical information, coordinating witnesses, attending hearings, and completing ongoing reporting—so planning for travel, remote participation (if allowed), and local support is important.

Conclusion

In North Carolina, an out-of-state adult child usually starts a parent’s guardianship by filing a verified incompetency petition (and a guardianship application) with the Clerk of Superior Court in the North Carolina county where the parent resides. The clerk decides incompetence first and then appoints the appropriate guardian if needed. The most important next step is to file in the correct county clerk’s office promptly, because notice requirements and hearing scheduling can take time.

Talk to a Guardianship Attorney

If a family is dealing with a parent who lives in North Carolina while the adult child lives out of state, our firm has experienced attorneys who can help clarify the correct county to file in, what paperwork is needed, and what timelines to expect. 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.