Short Answer

In North Carolina, bring a clear picture of the person who may need a guardian (where they live, health and daily living limits), what alternatives you have already tried (like powers of attorney), a snapshot of their finances, a list of close relatives with addresses, and information about any proposed guardian. Guardianship cases are filed with the Clerk of Superior Court, and the clerk will look for medical evidence, required notices, and whether a bond is needed if assets are involved.

Understanding the Problem

You asked what to gather before speaking with a North Carolina guardianship attorney. You (the potential petitioner or concerned family member) want to know what facts and documents will help decide whether to seek a guardian and, if so, how to start with the Clerk of Superior Court. You called our firm about a possible guardianship and requested a callback.

Apply the Law

North Carolina guardianships are handled by the Clerk of Superior Court under Chapter 35A. The court can appoint a guardian of the person, a guardian of the estate, or a general guardian (both). For adults, the process begins with a petition asking the clerk to determine incompetence and, if proven, to appoint a suitable guardian. For minors, the focus is on property management or custody decisions. The clerk will require notice to the respondent and next of kin, may appoint a guardian ad litem to protect the respondent’s rights, and will decide the least restrictive option that meets the person’s needs. If a guardian of the estate is appointed, the clerk will require an oath, a bond based on the assets, and periodic reports.

Key Requirements

• Identify the person and venue: Where the respondent lives sets the county for filing with the Clerk of Superior Court; bring name, DOB, and current address.
• Show the need: Provide recent medical/functional information explaining why help is needed with decisions or money, and why options like powers of attorney are not sufficient.
• Notify the right people: List next of kin and interested parties with good addresses to ensure proper notice and service.
• Propose a qualified guardian: Share the proposed guardian’s full contact info, relationship, availability, lack of conflicts, and basic background.
• Financial snapshot for estate cases: List assets, income, debts, and expected benefits to help the clerk set any required bond and reporting.

What the Statutes Say

• Guardianship (Chapter 35A) – Framework for incompetency hearings, types of guardians, and guardian duties.
• N.C. Rules of Civil Procedure, Rule 17 – Appointment of a guardian ad litem when needed to protect a party under disability.
• Clerk’s management of minor/incapacitated funds (G.S. 7A-111) – Allows the clerk to hold certain funds without a full guardianship in limited circumstances.

Analysis

Apply the Rule to the Facts: Because you’ve identified a possible need for guardianship but haven’t settled on the exact type, gather core facts first: where the person lives (venue); what health and daily living issues show the need; and what alternatives (POAs, health care agents, representative payees) exist or have failed. Prepare a short list of relatives and their addresses for notice. If assets are involved, collect a simple balance sheet so your attorney can anticipate bond and reporting duties.

Process & Timing

1. Who files: Any interested person. Where: Clerk of Superior Court in the respondent’s North Carolina county of residence. What: Petition for Adjudication of Incompetence and Application for Appointment of Guardian (AOC-SP-200), plus supporting medical/functional information; an SCRA declaration (AOC-G-250) may be required if the respondent has not appeared. When: After you compile basic medical facts, next-of-kin list, and proposed guardian information; hearing scheduling varies by county.
2. After filing, the clerk issues process and ensures required notice. The clerk may appoint a guardian ad litem for the respondent and may allow or request evaluations. Expect several weeks before a hearing, depending on service and county calendars.
3. If a guardian is appointed, the proposed guardian must take an oath, post any bond set for an estate guardianship, and then receive Letters of Guardianship. Guardians of the estate file inventories and periodic accountings on the schedule set by statute and local practice.

Exceptions & Pitfalls

• Less restrictive options may avoid guardianship: valid powers of attorney, a representative payee for benefits, a North Carolina UTMA custodianship for a minor’s funds, or the clerk’s custodial funds process for limited amounts.
• Service and notice errors delay hearings; have accurate addresses for the respondent and next of kin. The clerk may appoint a guardian ad litem if representation is needed.
• Proposed guardian conflicts (financial or personal) can derail the case; disclose potential conflicts early.
• Underestimating assets can lead to an inadequate bond; provide a good-faith estimate of cash, accounts, and expected income.
• Health information privacy: plan how to obtain and share medical statements that address capacity and daily functioning.

Talk to a Guardianship Attorney

If you’re dealing with a possible North Carolina guardianship and need to know what to gather and how to start, our firm has experienced attorneys who can help you understand your options and 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.