Feb182026
Guardianship Q&A Series

If the other parent and I are the only next of kin, how does that affect who can be appointed as guardian? – North Carolina

Short Answer

In North Carolina adult guardianship cases, being the only next of kin does not automatically decide who gets appointed as guardian. The Clerk of Superior Court must appoint the person (or entity) that best serves the ward’s best interests, while considering statutory priorities and any valid nominations the ward made in advance. If the only next of kin are two parents, the clerk can appoint one parent, both as co-guardians, or someone else if neither parent is a good fit.

Understanding the Problem

In a North Carolina adult guardianship case, can one parent be appointed as general guardian when the only next of kin are the two parents, and the other parent disagrees or also wants to serve? The decision turns on who the Clerk of Superior Court can appoint, what priority rules apply, and how the clerk resolves competing requests when there are only two close family members available. The question focuses on appointment—who can be selected—not on whether an adult should be found incompetent in the first place.

Apply the Law

North Carolina adult guardianship appointments are handled by the Clerk of Superior Court in the county with jurisdiction. After an incompetency adjudication (or in connection with that process), the clerk appoints a guardian based on the ward’s best interests while considering statutory priorities. “Next of kin” status can matter because the clerk may consider family recommendations, but the statute does not give parents an automatic right to be appointed solely because they are the only relatives.

Key Requirements

  • Appointment is based on the ward’s best interests: Even when family members are available, the clerk’s job is to choose the arrangement that best protects the ward’s person and/or property.
  • Statutory priorities and nominations come first: If the ward previously nominated a guardian through a valid document (such as certain power-of-attorney-related nominations), the clerk must consider that nomination before simply choosing among relatives.
  • The proposed guardian must be qualified and appropriate: The clerk can appoint an adult individual, a qualified corporation, or (if needed) a disinterested public agent, and can reject a proposed guardian due to conflicts of interest or practical inability to serve.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, one parent is seeking a general guardianship for an adult family member with a history of inpatient admissions and a bipolar disorder diagnosis. If the only next of kin are the two parents, that typically means there are only two obvious “individual” candidates for the clerk to consider. The clerk can still appoint one parent as general guardian, appoint both parents as co-guardians with divided duties, or appoint someone else if the evidence shows that arrangement better protects the ward’s best interests and avoids conflict or practical problems.

Process & Timing

  1. Who files: A parent or other interested person. Where: The Clerk of Superior Court (Estates/Guardianship) in the appropriate North Carolina county. What: A petition to adjudicate incompetence and request appointment of a guardian (forms and local filing requirements vary by county). When: Timing depends on the hearing date set by the clerk and required notice/service steps.
  2. Competing requests: If both parents want to serve (or one objects), each may present information about availability, relationship history, ability to manage medical decisions and finances, and any conflict concerns. The clerk may also consider whether a less restrictive option exists (for example, an existing agent under a valid power of attorney) before appointing a general guardian.
  3. Appointment order: If the clerk adjudicates the adult incompetent, the clerk issues an order appointing the guardian and then issues letters of appointment that define the guardian’s authority (person, estate, or general).

Exceptions & Pitfalls

  • Assuming “only next of kin” means automatic appointment: North Carolina law requires a best-interests appointment, and the clerk can choose a different person or structure (including co-guardians) if family conflict or practical limitations would harm the ward.
  • Overreaching by requesting a general guardian when a narrower role fits: A general guardian controls both personal and financial decisions. If the real need is medical decision-making during mental health crises, the clerk may scrutinize whether a guardian of the person (or another less restrictive tool) fits better than a general guardianship.
  • Conflict-of-interest and provider-related issues: Certain service-provider relationships can disqualify a proposed guardian in some situations, and the clerk may require a plan that avoids conflicts and protects the ward.
  • Not preparing for the “practical care plan” questions: When parents are the only next of kin, the clerk often focuses on who can reliably handle treatment coordination, housing stability, benefits paperwork, and crisis planning without constant disputes.

Conclusion

In North Carolina, being the only next of kin does not guarantee appointment as guardian when the only relatives are two parents. The Clerk of Superior Court must follow the statutory priority framework and then appoint the guardian arrangement that best serves the ward’s best interests, which can include one parent, both parents, or another qualified option if needed. The next step is to file the incompetency/guardianship petition with the Clerk of Superior Court in the proper county and be prepared to address qualifications, conflicts, and the proposed care plan at the hearing.

Talk to a Guardianship Attorney

If a family is dealing with an adult guardianship case where the only next of kin are two parents and there is disagreement about who should serve, our firm has experienced attorneys who can help explain options, prepare the evidence the clerk will want to see, and track timelines and notice requirements. 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.