Jan52026
Guardianship Q&A Series

What happens if the other parent gets notice of the guardianship case but doesn’t respond? – North Carolina

Short Answer

In a North Carolina adult guardianship case, a parent who receives proper notice can choose not to participate, and the case can still move forward. The clerk of superior court generally will not “default” a parent the way some civil cases do; instead, the clerk focuses on whether notice was properly given and whether the evidence supports a finding of incompetency and the need for a guardian. If notice was defective, the hearing may be continued or the case may be delayed until notice is fixed.

Understanding the Problem

In North Carolina, when a parent files for a general guardianship for an adult child, the law requires that certain people receive notice of the guardianship proceeding. A common decision point is: if the other parent receives notice of the guardianship case but does not file anything or show up, can the clerk of superior court still hold the hearing and appoint a guardian? The practical issue is whether the case can proceed based on proper notice and the evidence, even without the other parent’s participation.

Apply the Law

North Carolina adult guardianship proceedings typically run through the clerk of superior court. The clerk must ensure that legally required notice was given to the required people and then decide the merits: whether the adult is incompetent under North Carolina’s standards and, if so, what type of guardianship is necessary (for example, a general guardian). A non-responding parent does not automatically stop the case; the key is whether notice was properly completed and documented and whether the evidence supports the requested guardianship.

Key Requirements

  • Proper notice was given: The clerk must be satisfied that notice of the filing and hearing was provided in the manner required by North Carolina law before moving forward.
  • The clerk has enough evidence to rule: Even if someone does not respond, the petitioner still must present evidence that supports the requested guardianship.
  • The correct forum and procedure are used: Adult incompetency and guardianship matters are typically handled through the Office of the Clerk of Superior Court, and local practice can affect scheduling and proof of service requirements.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The petition seeks a general guardianship for an adult child with significant functional limitations and medical indications of diminished capacity. If the other parent receives legally sufficient notice but does not respond, the clerk can still proceed to the hearing and decide whether the evidence supports an incompetency finding and the appointment of a guardian. The non-response mainly affects whether there is opposition; it does not remove the need to prove the case and to show proper notice.

Process & Timing

  1. Who files: The petitioner (often a parent). Where: Office of the Clerk of Superior Court in the county where the case is filed in North Carolina. What: The incompetency/guardianship petition and the required notice documents and proof of service. When: The hearing is set after filing and service; timing varies by county and by how quickly service is completed.
  2. If the other parent does not respond: The clerk typically still holds the scheduled hearing if the file shows proper service/notice. If the clerk cannot confirm proper notice, the clerk may continue the hearing and require corrected service or additional notice steps.
  3. Hearing and decision: The clerk reviews evidence about capacity and functioning and decides whether to adjudicate incompetency and appoint a guardian (and what type). If appointed, the guardian receives authority defined by the order and must follow any reporting or bonding requirements the clerk imposes.

Exceptions & Pitfalls

  • Defective notice: A parent’s silence does not cure improper service. If notice was sent to the wrong address, served incorrectly, or missing required recipients, the clerk may not proceed.
  • Confusing adult guardianship with juvenile cases: Some North Carolina statutes about a parent’s failure to respond (including 30-day response rules) apply to juvenile court matters like termination of parental rights, not adult guardianship. Adult guardianship focuses on notice and proof at the clerk’s hearing rather than “defaulting” a parent.
  • Home-state complications: If North Carolina was not the adult child’s home state when the case was filed, additional notice requirements can apply, and missing them can cause delays.
  • Assuming benefits issues decide guardianship: Being a representative payee for disability-related benefits can help with managing funds, but it does not replace the need to follow the guardianship notice process and prove the need for guardianship at the hearing.

Conclusion

In North Carolina, if the other parent receives proper notice of an adult guardianship case but does not respond, the clerk of superior court can still move forward and decide the case based on the evidence. The key threshold is proper notice and proof supporting incompetency and the need for the requested guardianship. The most important next step is to file proof of service/notice with the Office of the Clerk of Superior Court before the hearing so the clerk can proceed.

Talk to a Guardianship Attorney

If a family is dealing with an adult guardianship and the other parent received notice but is not participating, our firm has experienced attorneys who can help explain the notice rules, prepare for the clerk’s hearing, and avoid delays. 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.