Jan282026
Guardianship Q&A Series

What kind of examples or documentation do I need to show the court that my relative is no longer competent? – North Carolina

Short Answer

In North Carolina, the court (through the Clerk of Superior Court) decides incompetency based on evidence that the adult lacks enough capacity to manage personal affairs or property, or to make or communicate important decisions. Helpful proof usually includes current medical information (often a physician’s evaluation), records from the skilled nursing facility, and specific real-world examples showing unsafe or unmanageable decision-making. The clerk can also order a multidisciplinary evaluation if more information is needed.

Understanding the Problem

In a North Carolina guardianship case, what evidence shows the Clerk of Superior Court that an elderly relative in a skilled nursing facility is no longer competent to handle personal decisions (like medical care and living arrangements) and financial decisions (like paying bills and protecting assets)? The decision point is whether the information presented is strong enough for the clerk (or a jury, if requested) to find legal incompetence and then decide what type of guardianship, if any, is needed.

Apply the Law

North Carolina uses a formal incompetency proceeding before the Clerk of Superior Court. The petitioner must prove incompetence by clear, cogent, and convincing evidence. Evidence can include testimony and documents, and both sides can subpoena witnesses and records. If the clerk determines more clinical information is necessary, the clerk may order a multidisciplinary evaluation in appropriate situations.

Key Requirements

  • Proof of functional incapacity: Evidence must show the relative cannot manage important personal or financial matters, or cannot make or communicate responsible decisions.
  • Specific, recent examples: The most persuasive evidence usually ties a diagnosis (like dementia) to concrete problems (missed bills, unsafe choices, inability to understand medical information, vulnerability to exploitation).
  • Reliable sources and proper presentation: The clerk considers testimony and documents, including medical and facility records, and may require more evaluation if the record is thin or outdated.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe an elderly relative in a skilled nursing facility with suspected dementia and an inability to manage personal and financial affairs. To meet North Carolina’s standard, the evidence should connect the suspected cognitive decline to day-to-day functional problems: inability to understand choices, inability to communicate consistent decisions, and inability to manage money or protect property. Records and testimony from medical providers and the facility often supply the clearest link between diagnosis, observed behavior, and practical consequences.

Process & Timing

  1. Who files: Any person (often a family member) can file. Where: The Clerk of Superior Court in the appropriate North Carolina county. What: A verified petition to adjudicate incompetence, with supporting information attached when available. When: As soon as there is a real need for legal authority to make decisions or protect the relative from harm or exploitation.
  2. Gather and organize proof: Medical documentation (recent cognitive assessments, diagnoses, and provider notes), skilled nursing facility records (care plans, incident reports, nursing notes), and specific examples from family or staff witnesses. The goal is to show functional limits, not just a label like “dementia.”
  3. Hearing and decision: At the hearing, the clerk (or a jury, if requested) considers testimony and documents. If incompetence is found, the clerk enters an order and then addresses what type of guardianship is needed and who should serve.

Exceptions & Pitfalls

  • Diagnosis alone is not enough: A dementia diagnosis helps, but the clerk typically needs evidence of how the condition affects real decision-making and daily functioning.
  • Outdated or vague medical letters: A short note saying “not competent” without details, testing, or recent observations often carries less weight than a current, detailed evaluation tied to specific limitations.
  • Overreaching beyond what is necessary: If the evidence supports some decision-making ability, the clerk may consider a limited guardianship rather than removing all rights. Evidence should be tailored to the actual areas of impairment (money management, medical decisions, etc.).
  • Records access problems: Medical and facility records can be difficult to obtain without proper authority. The statute allows subpoenaing documents and witnesses, but the process must be handled correctly.
  • Family conflict and credibility issues: When relatives disagree, the clerk often looks for neutral documentation (provider notes, facility records) and consistent witness testimony rather than conclusions or opinions.

Conclusion

In North Carolina, the Clerk of Superior Court can adjudicate an adult incompetent only if the evidence is clear, cogent, and convincing that the person cannot manage personal affairs or property, or cannot make or communicate important decisions. The strongest proof usually combines recent medical information with skilled nursing facility records and specific examples of impaired functioning. The next step is to file a verified incompetency petition with the Clerk of Superior Court in the proper county as soon as a real decision-making or safety need exists.

Talk to a Guardianship Attorney

If a family member in a skilled nursing facility may no longer be able to manage medical decisions or finances, our firm has experienced attorneys who can help gather the right documentation, prepare witnesses, and present the case to the Clerk of Superior Court. Call us today at [CONTACT NUMBER].

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.