Jan192026
Guardianship Q&A Series

What happens if my adult child is living in another state—do I have to file for guardianship where they currently live? – North Carolina

Short Answer

Often, yes. Under North Carolina’s jurisdiction rules for adult guardianship, the starting point is usually the adult’s “home state,” which is commonly the state where the adult has been physically present for the required period before the case is filed. North Carolina may still be able to handle the case in limited situations (such as a strong North Carolina connection, an emergency, or a property-limited case), but many multi-state situations require filing where the adult currently lives or coordinating between states.

Understanding the Problem

In North Carolina guardianship cases, the key question is: can a North Carolina Clerk of Superior Court open and decide an adult guardianship case when the adult child lives in another state? The decision point is jurisdiction—whether North Carolina is the proper state to decide incapacity and appoint a guardian, or whether the case must be filed in the other state where the adult child is currently living. Timing matters because the “home state” concept is tied to where the adult has been living leading up to the filing.

Apply the Law

In North Carolina, adult guardianship jurisdiction in multi-state situations is governed by the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA), which North Carolina adopted to reduce conflicts between states and to keep one state in charge whenever possible. A North Carolina Clerk of Superior Court has authority over guardianship proceedings filed in that county, but the Clerk can only proceed if North Carolina has jurisdiction under the UAGPPJA framework.

Key Requirements

  • Home-state priority: North Carolina generally has jurisdiction only if it is the adult’s “home state” (commonly, where the adult has been physically present for the required period immediately before filing).
  • Significant North Carolina connection (limited situations): If North Carolina is not the home state, North Carolina may still have jurisdiction in narrower circumstances when North Carolina has meaningful ties and other conditions are met (including no timely objection and no competing case in the home state).
  • Special jurisdiction options: Even when North Carolina is not the home state, North Carolina may be able to act for emergencies or for property located in North Carolina, depending on what relief is requested.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The adult child lives in an assisted living facility in another state and has ongoing support needs and vulnerability to exploitation. Those facts commonly point to the other state as the “home state,” meaning that state is often the place where an initial adult guardianship case should be filed. North Carolina may still play a role if there is a strong North Carolina connection that fits the statute, if an emergency requires limited action, or if there is North Carolina property that requires a property-focused proceeding.

Process & Timing

  1. Who files: Typically a parent or other interested person. Where: If North Carolina is the proper state under the UAGPPJA rules, the case is filed with the Clerk of Superior Court in the appropriate North Carolina county. What: A petition to adjudicate incompetence and an application to appoint a guardian (forms and filing requirements vary by county). When: File as soon as there is a real need for decision-making authority, especially if exploitation risk is increasing.
  2. If another state is the home state: The initial filing is usually made in that other state’s court system. North Carolina counsel can still help evaluate whether North Carolina qualifies as a significant-connection state or whether a limited North Carolina filing makes sense (for example, to address North Carolina-based property or a time-sensitive issue).
  3. If an out-of-state guardianship is already entered: Depending on the goal, the existing order may be registered in North Carolina for recognition/enforcement purposes rather than starting a brand-new North Carolina case.

Exceptions & Pitfalls

  • Filing in the wrong state first: If the adult child’s home state is elsewhere, a North Carolina filing can be stayed or dismissed after the courts communicate, which can cost time in urgent situations.
  • Confusing “where the parent lives” with “where the adult lives”: In multi-state adult guardianship, the adult’s location and connections usually drive jurisdiction, not the petitioner’s address.
  • Benefits-control concerns: When third parties are attempting to control benefits, the plan often needs both (1) the correct guardianship forum and (2) a practical strategy for dealing with payees, facility communications, and financial safeguards. Guardianship can help, but jurisdiction and the scope of the order matter.

Conclusion

When an adult child lives in another state, North Carolina does not automatically have authority to decide an adult guardianship case. North Carolina generally needs to be the adult’s home state, or the case must fit a narrower significant-connection or special-jurisdiction pathway. The most important next step is to confirm which state qualifies as the home state under the UAGPPJA rules and then file the guardianship petition in that state’s court (or pursue a limited North Carolina filing only if it fits the statute).

Talk to a Guardianship Attorney

If a family is dealing with an adult child who lives out of state and needs protection from unsafe decisions or exploitation, our firm has experienced attorneys who can help sort out jurisdiction, timing, and 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.