Dec242025
Guardianship Q&A Series

If I live out of state, can I start and participate in a guardianship or power of attorney challenge where my parent lives? – North Carolina

Short Answer

Yes. In North Carolina, an out-of-state family member can start a guardianship case in the county where the parent lives (or is located in a facility) and can participate in the case through counsel and, in many situations, by approved remote appearance. The case is handled in the Clerk of Superior Court’s office, and the clerk can allow proceedings by videoconference under North Carolina law. Practical hurdles usually involve service of papers, gathering medical and financial records, and attending any in-person evaluations or hearings if the clerk requires it.

Understanding the Problem

In North Carolina guardianship and related disputes, the core question is whether a family member who lives in another state can file a proceeding in the county where a parent lives, and then meaningfully take part in hearings and decisions without being physically present for every step. This comes up when relatives change a parent’s power of attorney, limit contact, or move the parent into assisted living, and another adult child wants the court system in North Carolina to step in. The decision point is whether North Carolina allows an out-of-state petitioner to initiate and participate in a guardianship-related court process where the parent resides.

Apply the Law

North Carolina places adult guardianship (and incompetency) proceedings under the original jurisdiction of the Clerk of Superior Court in the proper county. A petition for adjudication of incompetence may be filed by any person, and the petition must state the petitioner’s identity and interest, identify next of kin, and explain why guardianship is needed and why less restrictive alternatives are not enough. Participation may occur in person or, when allowed by the presiding judicial official, through audio-video transmission that lets participants see and hear each other.

Key Requirements

  • Proper forum and venue: The guardianship/incompetency case is filed with the Clerk of Superior Court in the county where the parent resides or is domiciled, or where the parent is an inpatient in a facility; if that cannot be determined, venue can be where the parent is physically present.
  • Standing to start the case: Any person may file a verified petition to ask the clerk to determine whether an adult is incompetent and needs a guardian.
  • Petition contents (including alternatives): The petition must identify the parties and next of kin, describe the facts supporting incompetency, describe assets in general terms, and identify what less restrictive alternatives were considered and why they are insufficient.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because the parent is living in assisted living in North Carolina, the guardianship/incompetency filing typically belongs in that North Carolina county’s Clerk of Superior Court. North Carolina law allows “any person” to file the verified incompetency petition, so living out of state does not block starting the case. The petition will need facts supporting incapacity (such as concerns about lack of capacity when the power of attorney was changed) and must also address less restrictive alternatives and why they do not protect the parent’s needs.

Process & Timing

  1. Who files: A concerned family member or other interested person. Where: The Clerk of Superior Court in the county where the parent resides/is domiciled or is an inpatient in a facility in North Carolina. What: A verified petition for adjudication of incompetence and, if appropriate, an application to appoint a guardian. When: As soon as there is a credible concern that the parent cannot manage personal or financial affairs and less restrictive alternatives are not working.
  2. Participation from out of state: Counsel in North Carolina can file papers, appear, and help coordinate evidence. The clerk or other judicial official may allow hearings by video under North Carolina’s remote-proceedings statute, but local practice varies and the clerk may require some steps in person.
  3. Related estate-document timing: If the concern later becomes “the will was changed,” a will contest (caveat) generally must be filed within three years after the will is probated in common form. If no will has been offered for probate, there may be nothing to caveat yet, and other tools may be needed to preserve evidence and address ongoing financial control issues.

Exceptions & Pitfalls

  • Remote appearance is not automatic: North Carolina law permits video proceedings, but the presiding official can require in-person attendance, and a party can object to a video civil proceeding if good cause exists.
  • Guardianship is not the same thing as “challenging a POA”: A guardianship case can suspend or override an agent’s authority in practice once a guardian is appointed, but a separate court request may be needed to directly invalidate a power of attorney or address past misconduct.
  • Evidence and access issues: Capacity and undue influence disputes are evidence-heavy. Delays can make it harder to obtain records, preserve witness testimony, and track transactions. Even with legitimate concerns, privacy rules can limit access to medical information without proper legal authority.
  • Venue mistakes: Filing in the wrong county can slow the case. Venue is tied to where the parent resides/domicile or is located as an inpatient in a facility, with additional rules if the residence cannot be determined.
  • Wills are not always available before death: North Carolina does not require a living person to share a will with family, so “seeing updated estate documents” may not be possible unless a court proceeding creates lawful access, or the documents are later filed in an estate.

Conclusion

North Carolina allows an out-of-state family member to start a guardianship-related case in the Clerk of Superior Court in the county where the parent resides, is domiciled, or is in a facility, and the petitioner can often participate through North Carolina counsel and sometimes by video. The petition must be verified, explain why the parent is incompetent, and address why less restrictive options are not enough. A key separate deadline is that a will caveat is generally due within three years after probate in common form. Next step: file a verified incompetency petition with the proper county Clerk of Superior Court.

Talk to a Guardianship Attorney

If a parent in North Carolina was moved into assisted living and family members changed a power of attorney or restricted access, a guardianship proceeding may be the fastest way to get court oversight and protect the parent. Our firm has experienced attorneys who can help explain options, filings, and timelines for out-of-state family members. 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: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.