Jan252026
Guardianship Q&A Series

How do we get general guardianship for an adult child with autism who cannot communicate or answer questions? – North Carolina

Short Answer

In North Carolina, “general guardianship” for an adult usually requires two court steps: (1) a Clerk of Superior Court proceeding to have the adult adjudicated incompetent, and (2) an appointment of a general guardian (a guardian of the person and the estate). The court focuses on whether the adult can manage personal affairs and/or property and whether a guardianship is needed, not on a diagnosis label. When the adult cannot communicate, the case is typically proven through medical evidence and testimony from people who know the adult’s day-to-day functioning.

Understanding the Problem

In North Carolina guardianship cases, the key question is: can a parent obtain a general guardianship for an adult child with autism who cannot communicate or answer questions, so someone can make decisions and handle matters that require legal authority? The decision point is whether the adult meets North Carolina’s legal standard for incompetency and, if so, whether the court should appoint a general guardian rather than a more limited arrangement.

Apply the Law

North Carolina uses a court process—handled by the Clerk of Superior Court—to decide incompetency and then appoint the appropriate type of guardian. A “general guardian” is the broadest appointment and generally covers both personal decision-making and financial/property management. The case typically starts with a verified petition to adjudicate incompetence, followed by a hearing. If the clerk finds incompetency, the clerk then appoints a guardian under the guardianship statutes.

Key Requirements

  • Incompetency must be proven: The clerk must find the adult meets the legal definition of an incompetent adult (not just that the adult has autism or a disability).
  • Guardianship must match the need: The clerk can consider the scope of authority requested (general vs. person-only vs. estate-only) and whether the requested appointment is necessary to protect the adult’s interests.
  • Proper filing and notice: The case must be filed with the Clerk of Superior Court and handled using the procedures in Chapter 35A, including required notices and the hearing process.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe an adult child with autism who cannot communicate verbally and has seizures, and there is no power of attorney or prior guardianship. Those facts often line up with the legal issue the clerk must decide: whether the adult can communicate choices, understand information, and manage personal and financial affairs without a court-appointed decision-maker. Because there is no existing power of attorney, the guardianship route is commonly the tool used to obtain legal authority to act, but the court still requires proof tied to functioning and decision-making capacity rather than diagnosis alone.

Process & Timing

  1. Who files: A parent or other interested person. Where: The Clerk of Superior Court in the county where the adult resides (venue and local filing practice can vary). What: A verified petition to adjudicate incompetence, and an application to appoint a guardian (often filed together). When: Filed as soon as legal authority is needed; hearing dates depend on the county’s docket and required notice periods.
  2. Investigation and hearing preparation: The case typically relies on medical information and practical, day-to-day evidence (for example, inability to communicate choices, need for supervision due to seizures, inability to understand or answer questions). The clerk will schedule a hearing and the respondent must receive the required notices and an opportunity to be heard consistent with Chapter 35A procedures.
  3. Hearing and appointment: At the hearing, the clerk decides incompetency first. If incompetency is found, the clerk then appoints the appropriate guardian type. If a general guardian is appointed, the guardian generally has authority over both personal decisions and financial/property matters, subject to court oversight and the specific order entered.

Exceptions & Pitfalls

  • Requesting broader authority than necessary: “General guardianship” is the most sweeping option. If the evidence shows the adult needs help with personal decisions but has little or no property, the clerk may scrutinize whether a general guardian (person + estate) is needed versus a guardian of the person only.
  • Weak evidence tied only to diagnosis: The clerk usually wants concrete examples of functional limits (communication, understanding, safety awareness, ability to manage medications, ability to handle money) and current medical support for the condition.
  • Notice and service problems: Guardianship cases can be delayed if required notices are not completed correctly or if family member information is incomplete.
  • Overlooking ongoing duties: A guardian’s job is not “one-and-done.” After appointment, the guardian may have continuing reporting and court-supervision requirements, especially when managing money or property.

For more background on the overall process, see starting the guardianship process and what it takes to have an adult declared incompetent.

Conclusion

In North Carolina, getting general guardianship for an adult child who cannot communicate usually requires filing a verified incompetency petition with the Clerk of Superior Court and proving the legal standard for incompetency with practical and medical evidence. If the clerk adjudicates incompetency, the clerk can then appoint a general guardian (covering both personal and financial matters) if that scope is necessary. The next step is to file the incompetency petition and guardianship application with the Clerk of Superior Court in the county of residence as soon as possible so the hearing can be scheduled.

Talk to a Guardianship Attorney

If a family is dealing with an adult child with autism who cannot communicate and needs a court-appointed decision-maker, our firm has experienced attorneys who can help explain options, prepare the filings, and track the court’s 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: 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.