What should I look for when hiring a guardianship or disability attorney? – North Carolina

Short Answer

In North Carolina, look for a guardianship attorney who knows Chapter 35A and practices regularly before the Clerk of Superior Court, can explain limited guardianship and less restrictive alternatives, and understands emergency/interim tools and fiduciary reporting. The attorney should also guide you through evidence for incompetency, bonding, inventories, and annual accountings so the case is set up correctly from day one.

Understanding the Problem

You asked whether our firm has guardianship and disability lawyers available. In North Carolina, you want to know how to choose the right attorney to help you start (or respond to) an incompetency and guardianship case in the Clerk of Superior Court, or to manage an ongoing guardianship. This includes who files, what proof is needed, whether a limited guardianship is enough, and what ongoing duties a guardian must meet.

Apply the Law

Under North Carolina law, the Clerk of Superior Court hears incompetency and guardian appointment matters. A petition starts the case, the respondent must be personally served, and the petitioner must prove incompetency by clear, cogent, and convincing evidence. After adjudication, the Clerk decides the scope of guardianship (full or limited), who should serve, and what powers apply. Guardians of the estate must file an inventory within three months and submit annual accounts; bonds and restricted accounts are common tools to protect assets.

Key Requirements

• Forum and filing: Cases are filed with the Clerk of Superior Court; the clerk sets and conducts the hearing.
• Proof of incompetency: The petitioner must present clear, cogent, and convincing evidence; medical and functional evidence is often key.
• Limited vs. full guardianship: The clerk tailors rights; less restrictive alternatives and limited guardianship must be considered.
• Emergency options: Interim guardianship or protective orders can address imminent risks to the person or estate before the final hearing.
• Fiduciary duties and oversight: Guardians of the estate post bond (unless excused/restricted), file an inventory within three months, and make timely annual accountings; sales, gifts, and certain expenditures require court approval.
• Appeals and review: Adjudication appeals are de novo; guardian selection appeals follow a more deferential standard and require proper party status.

What the Statutes Say

• North Carolina Gen. Stat. § 35A-1105 (Filing the petition) – who may file and how proceedings begin.
• North Carolina Gen. Stat. § 35A-1112 (Hearing; adjudication) – hearing procedure and the burden of proof.
• North Carolina Gen. Stat. § 35A-1212 (Appointment; scope; inquiry) – limited vs. general powers and who should serve.
• North Carolina Gen. Stat. § 35A-1251 (Powers of guardian of the estate) – core management powers and when court approval is needed.

Analysis

Apply the Rule to the Facts: Since you’re seeking a guardianship/disability attorney, focus on one who regularly files petitions with the Clerk of Superior Court and can meet the clear, cogent, and convincing standard with proper medical and functional evidence. They should counsel you on limited guardianship and alternatives, and, if needed, seek interim protection. If a guardian of the estate will be involved, confirm the lawyer’s plan for bond, the 3‑month inventory, and annual accountings from the start.

Process & Timing

1. Who files: Any concerned person or agency. Where: Clerk of Superior Court in the proper North Carolina county (Special Proceedings). What: AOC‑SP‑200 (Petition) and AOC‑SP‑201 (Notice of Hearing). When: The clerk promptly sets a hearing; after appointment, a guardian of the estate must file an inventory within three months.
2. Serve the respondent personally and notify next of kin. Prepare admissible medical and functional evidence. If urgent, request interim relief within the same filing.
3. After adjudication, the clerk appoints a guardian (AOC‑E‑406). If there is an estate, the guardian posts bond (or uses restricted accounts if approved), files the inventory (AOC‑E‑510), and then annual accounts (AOC‑E‑506).

Exceptions & Pitfalls

• Less restrictive alternatives (powers of attorney, trusts, protective arrangements) may avoid or narrow guardianship; a good attorney screens for these.
• Do not assume a full guardianship is required; limited guardianship preserves rights and is favored when adequate.
• In emergencies, interim remedies exist, but orders must follow proper procedure to be enforceable.
• For estate cases, missing the 3‑month inventory, bond, or accounting requirements can trigger removal or contempt; set a compliance calendar.
• If a dispute is likely, ensure you formally apply to serve so you have standing for any appeal of the appointment order.

Talk to a Guardianship Attorney

If you’re dealing with a North Carolina guardianship question and need guidance on evidence, limited guardianship, or fiduciary reporting, 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.