Short Answer

In North Carolina, you file a verified petition that states specific facts showing the adult cannot manage affairs or make/communicate important decisions due to a condition like disease or injury. You do not have to attach medical records to file, but recent medical documentation and concrete incident examples make the case stronger. Include a doctor’s letter or evaluation if available, plus a short timeline of safety, financial, or health-management failures. Be ready to prove your case at the hearing with live testimony, records, or a court-ordered evaluation.

Understanding the Problem

You want to file a guardianship petition in North Carolina and need to know what medical records and incident examples to provide. As the adult child of a parent with early-onset dementia after a head injury, you’re gathering what the Clerk of Superior Court needs to see to schedule and decide the case. The focus is on what to include in your filing and what evidence the clerk will expect at the hearing.

Apply the Law

North Carolina guardianship starts with a verified petition filed with the Clerk of Superior Court. The petition must include facts showing the person cannot manage their affairs or cannot make/communicate important decisions, and why. You should also state what less restrictive alternatives you tried (for example, powers of attorney) and why they won’t work. The case is heard by the clerk; a guardian ad litem (an attorney) is appointed for the respondent, and the hearing typically follows service with at least 10 days’ notice. The petitioner must prove incompetence by clear, cogent, and convincing evidence. Medical records are not strictly required to file, but medical evidence and specific incidents that show functional problems are often decisive. The court can order a multidisciplinary evaluation if needed.

Key Requirements

• Verified petition content: Include the respondent’s and petitioner’s info, assets overview, specific facts showing inability to manage affairs or make/communicate decisions, next of kin, and what less restrictive options were considered and why they are insufficient.
• Specific, recent incidents: Provide dates and short descriptions of safety risks, financial vulnerability, medication errors, or disorientation that show day-to-day impairment.
• Medical documentation: Attach a recent doctor’s letter, discharge summary, neuropsych or cognitive evaluation if available. These help at filing; live testimony or an evaluation may be needed if contested.
• Forum and notice: File in the Clerk of Superior Court in the correct county; the respondent is personally served by the sheriff, and next of kin receive mailed notice.
• Hearing burden: Be prepared to prove incompetence by clear, cogent, and convincing evidence; the clerk can consider a multidisciplinary evaluation.

What the Statutes Say

• North Carolina Gen. Stat. § 35A-1106 (Petition contents) – What the petition must include and who may file.
• North Carolina Gen. Stat. § 35A-1111 (Multidisciplinary evaluation) – Court-ordered evaluations to define disability and recommend plans.
• North Carolina Gen. Stat. § 35A-1112 (Hearing; rights; burden) – Hearing process and the clear, cogent, and convincing standard.
• North Carolina Gen. Stat. § 35A-1114 (Interim guardian) – Emergency relief when there’s imminent or foreseeable risk of harm.

Analysis

Apply the Rule to the Facts: Your parent has early-onset dementia after a head injury and now cannot handle cash, manage medications, recognize scams, or heed safety warnings. These facts directly support the legal standard that they cannot manage their affairs or make/communicate important decisions due to disease/injury. Add recent medical records (diagnosis, hospital discharge, cognitive testing) and a brief incident timeline (e.g., highway wandering and leaving the vehicle) to show specific, ongoing risks. Note that a prior power of attorney appears invalid, which addresses the required statement about less restrictive alternatives being insufficient.

Process & Timing

1. Who files: Any interested person (here, the adult child). Where: Clerk of Superior Court in the North Carolina county of the respondent’s residence or presence. What: File AOC-SP-200 (Petition for Adjudication of Incompetence and Application for Appointment of Guardian); AOC-SP-201 (Notice of Hearing); many counties also use AOC-SP-208 (Guardianship Capacity Questionnaire). When: The clerk sets a hearing date after filing; the respondent must be personally served, and the hearing must occur at least 10 days after service.
2. After filing, the sheriff personally serves the respondent; the clerk appoints a guardian ad litem. Consider attaching a recent doctor’s letter or asking the court to order a multidisciplinary evaluation if medical evidence is needed.
3. Hearing before the clerk: prove incompetence by clear, cogent, and convincing evidence. If adjudicated, the clerk then appoints a guardian and issues orders. Expect an adjudication order (AOC-SP-202) and, for appointment, an order such as AOC-E-406; then apply for Letters of Guardianship (e.g., AOC-E-206).

Exceptions & Pitfalls

• Doctor letters vs. live testimony: A doctor’s affidavit can support filing, but if the case is contested it may be excluded as hearsay; be ready with live testimony or request a court-ordered evaluation.
• Less restrictive alternatives: You must state what alternatives (e.g., powers of attorney, representative payee, supported decision-making) were tried and why they are insufficient.
• Service and notice: The respondent must be personally served by the sheriff; mail notice to next of kin as directed. Defects can delay or derail the hearing.
• Incidents matter: Diagnosis alone is not enough. Tie medical issues to concrete safety, financial, or daily-living failures with dates and brief descriptions.
• Access to records: If providers or institutions will not release records, seek the guardian ad litem’s assistance, use subpoenas, or request a court order.
• Emergencies: If there is imminent or foreseeable risk (e.g., wandering, unsafe driving, financial exploitation), consider requesting an interim guardian with a lower “reasonable cause” threshold.

Talk to a Guardianship Attorney

If you’re dealing with a loved one’s cognitive decline and need to file for guardianship, 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.