What is the process for getting a limited or supported decision-making order in North Carolina?

Short Answer

In North Carolina, the court can issue a limited guardianship order through a Chapter 35A guardianship case when clear, cogent, and convincing evidence shows an adult needs help but can still make some decisions. The court must tailor the order to be the least restrictive option and preserve rights the person can exercise. North Carolina does not currently provide a court-ordered “supported decision-making” order, but families can often use non-court tools (like powers of attorney, releases, and representative payees) or propose a limited guardianship that builds in supports.

Understanding the Problem

In North Carolina guardianship, a parent asks: how can I keep helping my child after age 18 while preserving the child’s rights? The parent wants a limited court order—if needed—that allows continued support without removing more rights than necessary. One key fact: the young adult has autism and struggles with finances, processing information, and self-advocacy.

Apply the Law

North Carolina guardianship begins with a verified petition to the Clerk of Superior Court. The sheriff personally serves the respondent, a guardian ad litem is appointed, and the clerk holds a hearing. The court can order a multidisciplinary evaluation and must use the least restrictive option, including limited guardianship, if the person can safely retain some rights. The standard of proof is clear, cogent, and convincing evidence. North Carolina does not have a statute that creates a court “supported decision-making order,” but the court can shape a limited guardianship and parties may use private agreements and other tools outside court.

Key Requirements

• Verified petition: File with the Clerk of Superior Court asking for adjudication of incompetence and limited guardianship if appropriate.
• Personal service and notice: The sheriff personally serves the respondent; next of kin receive notice.
• Evidence and least-restrictive approach: Prove the need for help by clear, cogent, and convincing evidence; request an evaluation if helpful; propose supports that avoid or narrow guardianship.
• Tailored order: If granted, the clerk specifies exactly which decisions transfer to the guardian and which rights the adult keeps.
• Post-appointment steps: If any estate powers are granted, expect bond and issuance of Letters of Guardianship before using authority.

What the Statutes Say

• North Carolina Gen. Stat. § 35A-1105 (Petition to adjudicate incompetence) – starts the case before the Clerk of Superior Court.
• North Carolina Gen. Stat. § 35A-1109 (Personal service) – requires sheriff service on the respondent.
• North Carolina Gen. Stat. § 35A-1111 (Multidisciplinary evaluation) – allows the court to order an evaluation.
• North Carolina Gen. Stat. § 35A-1112 (Hearing; burden of proof) – sets the clear, cogent, and convincing standard.
• North Carolina Gen. Stat. § 35A-1212 (Appointment and scope) – requires tailoring to the nature and extent of needed guardianship.

Analysis

Apply the Rule to the Facts: The parent can file a verified petition asking for a limited guardianship tailored to decision-making support for finances and complex information. The court can order an evaluation to understand the young adult’s abilities and supports. If the evidence shows the young adult can decide some things with help, the clerk can preserve those rights and transfer only specific decision areas to a guardian. If court oversight is not needed, the family can explore alternatives without a guardianship case.

Process & Timing

1. Who files: Any interested person (e.g., a parent). Where: Clerk of Superior Court in the county with proper jurisdiction. What: File AOC-SP-200 (Petition for Adjudication of Incompetence and Application for Appointment of Guardian or Limited Guardian) and AOC-SP-201 (Notice of Hearing). When: The clerk sets a hearing after filing; the sheriff must personally serve the respondent before the hearing.
2. The clerk appoints a guardian ad litem for the respondent; parties exchange information. The court may order a multidisciplinary evaluation to assess abilities and supports. Contested matters may be heard on an expedited schedule; interim relief is available in emergencies.
3. Hearing before the clerk: the petitioner presents clear, cogent, and convincing evidence. If granted, the clerk enters an adjudication order and then an appointment order (AOC-E-406) that narrowly defines the guardian’s powers and the rights the adult retains. If any financial powers are granted, the guardian posts bond and receives Letters of Guardianship before acting.

Exceptions & Pitfalls

• No SDM order: North Carolina does not issue a court “supported decision-making” order; use private SDM agreements, HIPAA/FERPA releases, powers of attorney, representative payees, or trusts as less restrictive alternatives.
• Overbroad petitions: Asking for full powers without evidence can backfire. Propose the least restrictive plan and list rights the adult can keep.
• Service and notice: Defects in sheriff service or missing next-of-kin notice can delay or derail the case.
• Evidence gaps: Bring medical, educational, and functional evidence; consider requesting a multidisciplinary evaluation to support a limited order.
• Bond and letters: If any estate authority is granted, do not act until bond is set and Letters of Guardianship issue.

Talk to a Guardianship Attorney

If you’re navigating whether a limited guardianship or non-court supports are right for your family, 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.