Jan262026
Guardianship Q&A Series

How does a guardianship work when I live out of state but my relative is in a facility in another state? – North Carolina

Short Answer

Under North Carolina law, an out-of-state family member can serve as guardian, but the case usually must be filed in the state and county that has legal jurisdiction over the adult (often where the adult lives or is physically present). If a North Carolina guardianship already exists and the adult later moves to another state, North Carolina has a process to transfer the case and guardianship to the new state. If the adult is already in a facility outside North Carolina, it may be necessary to pursue guardianship in that other state and then use North Carolina procedures only for North Carolina property or to register/enforce an out-of-state order here.

Understanding the Problem

When a relative lives out of state and a family member with severe dementia is living in a long-term care facility in another state, the main question is which state’s court can appoint a guardian and what steps are needed so the guardian can act across state lines. In North Carolina, guardianship cases are handled through the Clerk of Superior Court, but North Carolina courts do not automatically control decisions for an adult who is living in a facility outside North Carolina. The practical issue is getting a valid court appointment in the right place so the facility, doctors, and financial institutions will recognize the guardian’s authority.

Apply the Law

In North Carolina, the Clerk of Superior Court has original jurisdiction over incompetency and adult guardianship proceedings filed under Chapter 35A. When more than one state is involved, North Carolina also follows a separate jurisdiction statute designed to reduce conflicts between states and provide a path to transfer or register guardianship orders. North Carolina law allows a nonresident to be appointed as guardian, but it typically requires extra steps (like appointing a North Carolina resident agent for service of process) when the ward is a North Carolina resident.

Key Requirements

  • Correct forum (which state and county): A guardianship must be filed in the court that has legal jurisdiction and proper venue; in North Carolina, that is typically the Clerk of Superior Court in the proper county for the case.
  • Authority to serve while living out of state: North Carolina permits appointment of a nonresident guardian, but a nonresident guardian of a North Carolina resident generally must submit to North Carolina jurisdiction and appoint a North Carolina resident agent to accept legal papers related to the guardianship.
  • Cross-border recognition plan: If the adult is in another state (or moves), the case may require transfer to the other state or registration/enforcement steps so the guardian can act where the adult lives and where property is located.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the potential ward appears to have severe dementia and has been living in a long-term care facility in another state for an extended period, with limited direct access (no personal phone). Those facts often point to the facility state as the place where day-to-day care decisions must be made and where courts may expect the guardianship to be handled. If there is also North Carolina property, benefits, or accounts that require action in North Carolina, North Carolina may still become involved through registration of an out-of-state order or an ancillary proceeding focused on North Carolina assets.

Process & Timing

  1. Who files: A relative or other interested person. Where: In North Carolina, the Estates/Clerk of Superior Court in the proper county if North Carolina has jurisdiction and venue. What: A petition to adjudicate incompetence and an application to appoint the appropriate type of guardian (guardian of the person, guardian of the estate, or general guardian). When: As soon as decision-making is needed and there is no workable alternative authority (for example, valid powers of attorney that are being honored).
  2. Address the cross-state issue early: If the adult is physically in another state and expected to remain there, the plan often involves either (a) filing in the facility state, or (b) if a North Carolina guardianship already exists, asking the North Carolina court to transfer the case to the other state and coordinating acceptance in the other state under the transfer statutes.
  3. Make the appointment usable where action is needed: If an out-of-state guardianship is obtained first, North Carolina may allow registration of that order so the guardian can act in North Carolina (for example, to deal with North Carolina property), as long as no competing North Carolina guardianship case is pending.

Exceptions & Pitfalls

  • Filing in the wrong state: A common problem is starting a North Carolina case when the adult has been living out of state long enough that another state is the proper forum. That can cause delay and added cost.
  • Nonresident guardian requirements: Even when a nonresident can serve, North Carolina may require written submission to North Carolina jurisdiction and appointment of a North Carolina resident agent for service of process, and bonding may apply depending on the type of guardianship.
  • Facility cooperation and access to information: Without clear legal authority (letters of appointment or a registered order), facilities may limit information sharing and decision-making. Planning for how orders will be recognized in the state where the facility is located is often as important as the initial appointment.
  • Property in multiple states: If the adult has assets in North Carolina and another state, a single order may not automatically solve everything. Registration or an ancillary proceeding may be needed to manage North Carolina property.

Conclusion

When a relative lives out of state and the potential ward is living in a long-term care facility outside North Carolina, the key issue is jurisdiction: the guardianship usually needs to be handled in the state that can legally appoint a guardian for an adult who is physically present there. North Carolina does allow nonresidents to serve as guardians, but it may require a resident agent and other conditions. The most practical next step is to determine the correct forum and then file the guardianship petition with the appropriate court (in North Carolina, the Clerk of Superior Court) before trying to use the order with the facility.

Talk to a Guardianship Attorney

If a family member has severe dementia and is living in a facility in another state, a guardianship plan often turns on jurisdiction, transfer, and whether an order will be recognized where care is being provided. Our firm has experienced attorneys who can help explain the options and timelines under North Carolina law and coordinate next steps. 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.