Jan272026
Guardianship Q&A Series

What happens in court if the adult child cannot speak, cannot respond to questions, or does not speak English? – North Carolina

Short Answer

In North Carolina, an adult child can still be the “respondent” in an incompetency/guardianship case even if they cannot speak, cannot answer questions, or do not speak English. The Clerk of Superior Court can rely on medical records, witness testimony, and other evidence, and the respondent must be represented by an attorney (usually appointed as a guardian ad litem) who communicates the respondent’s wishes as best as possible. If language is the barrier, the court can use an interpreter so the respondent can understand the case and participate to the extent possible.

Understanding the Problem

In a North Carolina adult guardianship case, what happens at the Clerk of Superior Court hearing when the respondent cannot communicate verbally, cannot reliably respond to questions because of a medical condition, or cannot understand English well enough to follow the proceeding? The decision point is whether the court can still hold a fair incompetency hearing and make findings using other forms of communication and evidence, while protecting the respondent’s rights in the process.

Apply the Law

North Carolina treats adult guardianship as a two-step process: (1) an incompetency hearing to decide whether the adult is legally “incompetent,” and then (2) if the court finds incompetence, a hearing to decide whether a guardian is needed and who should serve. The hearing is typically before the Clerk of Superior Court, and the petitioner must prove incompetence by clear, cogent, and convincing evidence. The respondent’s ability to speak in court is not required for the case to move forward, but the process must still protect the respondent’s rights through counsel/guardian ad litem, notice, and a meaningful opportunity to be heard through appropriate accommodations.

When the issue is language (not capacity), the goal is to make sure the respondent can understand what is happening and can communicate their preferences. When the issue is medical inability to communicate (for example, seizures or nonverbal communication), the court generally relies more heavily on medical evidence and testimony from people who know the respondent’s functioning, and the respondent’s attorney/guardian ad litem helps the court understand the respondent’s wishes and what rights should be preserved through a limited guardianship if appropriate.

Key Requirements

  • Representation for the respondent: The respondent is entitled to an attorney—either privately retained counsel or a court-appointed attorney serving as guardian ad litem—who represents the respondent throughout the incompetency proceeding and communicates the respondent’s wishes to the clerk.
  • Proof of incompetence by a high standard: The clerk (or a jury, if requested in time) must find incompetence by clear, cogent, and convincing evidence, which often comes from medical information and witness testimony rather than the respondent’s in-court answers.
  • A fair hearing with meaningful participation: The respondent has rights to notice, to attend (or waive attendance), to present evidence, and to question witnesses. If the barrier is language, an interpreter is commonly used so the respondent can understand and participate.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the respondent is an adult child with seizures who cannot communicate verbally, and there is no power of attorney in place. North Carolina law does not require the respondent to speak in court for the clerk to decide the case; instead, the clerk can consider testimony from family members and providers and any evaluations or records offered, and the respondent must have an attorney/guardian ad litem who visits the respondent and communicates the respondent’s wishes as best as possible. If the issue is that the respondent does not speak English, the court can use an interpreter so the respondent can understand the proceeding and communicate through interpretation.

In practice, when a respondent cannot answer questions in a typical way, the hearing often focuses on functional evidence: what decisions the adult can and cannot make, whether the limitations are consistent over time, and whether a limited guardianship could meet the need while preserving as many rights as possible. The respondent’s attorney/guardian ad litem is central in explaining to the clerk what the respondent appears to want (even if communicated nonverbally) and in testing the petitioner’s evidence through questions and objections when appropriate.

If the respondent does not speak English, the court’s focus is different: the respondent may be fully capable but unable to understand the proceeding without language access. In that situation, an interpreter helps protect the respondent’s right to understand the petition, the notice of hearing, and the rights notice, and to participate meaningfully at the hearing.

For more background on the overall process, see the steps in the general guardianship process and what it takes to have an adult declared incompetent.

Process & Timing

  1. Who files: a parent or other interested person. Where: the Clerk of Superior Court in the county tied to the respondent under North Carolina venue rules. What: a verified petition to adjudicate incompetence (often filed with an application to appoint a guardian). When: the incompetency hearing is generally scheduled 10 to 30 days after the respondent is served with the petition, notice of hearing, and notice of rights, unless the clerk delays the hearing for good reason.
  2. Appointment and investigation by the respondent’s attorney/guardian ad litem: the court appoints an attorney as guardian ad litem unless the respondent hires counsel. The guardian ad litem must personally visit the respondent and make reasonable efforts to determine and present the respondent’s wishes, including whether a limited guardianship could work.
  3. The hearing and evidence: the clerk (or a jury if timely requested) hears testimony and reviews documents. If the respondent cannot speak or respond, the clerk can still decide the case based on other evidence. If the respondent does not speak English, an interpreter can be used so the respondent can understand and communicate during the hearing.

Exceptions & Pitfalls

  • Language barrier vs. incapacity: Not speaking English does not equal incompetence. If the only issue is language, the court should focus on interpretation and communication access, not guardianship.
  • Assuming the respondent “cannot participate”: Some nonverbal adults can communicate preferences through gestures, devices, or familiar caregivers. If that is possible, it should be shared with the guardian ad litem and the clerk so the respondent’s wishes are not lost.
  • Overbroad guardianship requests: A request for “general guardianship” can be more authority than the situation requires. North Carolina allows limited guardianship when appropriate, and the respondent’s attorney/guardian ad litem is expected to consider and raise that option.
  • Evidence gaps: When the respondent cannot testify in a typical way, the case often rises or falls on documentation and credible witnesses. Missing medical information, unclear descriptions of day-to-day decision-making limits, or outdated evaluations can delay the case or lead to a narrower order than expected.

Conclusion

In North Carolina, the court can still hold an incompetency/guardianship hearing even if the adult child cannot speak, cannot respond to questions, or does not speak English. The key safeguards are the respondent’s right to an attorney/guardian ad litem, the requirement that incompetence be proven by clear, cogent, and convincing evidence, and practical accommodations like an interpreter when language is the issue. The next step is to file a verified incompetency petition with the Clerk of Superior Court and prepare for a hearing generally set 10–30 days after service.

Talk to a Guardianship Attorney

If a family is dealing with an adult child who cannot communicate reliably or needs language access in a North Carolina guardianship case, our firm has experienced attorneys who can help explain the court process, prepare the evidence, and track the timelines. 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.