Short Answer

In North Carolina, any competent adult the Clerk of Superior Court finds “most suitable” may serve as guardian of the person, guardian of the estate, or general guardian. Nonresidents may serve if they appoint a North Carolina resident process agent and meet bonding rules. Qualified corporations and, if necessary, a disinterested public agency (such as a county department of social services) may also be appointed. Certain conflicts and roles create disqualification (for example, some facility employees or contracted service providers).

Understanding the Problem

You want to know whether you can serve as a guardian in North Carolina, including whether you can be appointed to take over an existing guardianship case in your city. The Clerk of Superior Court decides who is eligible and who will be appointed. Your eligibility turns on your residency, any conflicts of interest, the type of guardianship (person, estate, or both), and whether you can satisfy bond and process-agent requirements.

Apply the Law

North Carolina recognizes three guardian roles: guardian of the person (care and placement decisions), guardian of the estate (money and property), and general guardian (both). The Clerk of Superior Court selects the person or entity that can “most suitably” serve. Venue is typically the county where the person was adjudicated incompetent or where the guardianship file is already open. Guardians of the estate and general guardians must post bond before receiving assets; a guardian of the person who is a North Carolina resident usually does not post bond, though the clerk may require one for a nonresident. Corporations can serve if their charter authorizes fiduciary work and they are free of disqualifying conflicts; in limited circumstances, a public agency may serve if diligent efforts fail to identify a suitable individual or corporation.

Key Requirements

• Eligible person or entity: A competent adult individual, a qualifying corporation authorized to act as guardian, or a disinterested public agent (as a last resort) may be appointed.
• Residency and process agent: Nonresidents may serve if they appoint a North Carolina resident process agent; additional bond may be required.
• Bond and oath: Guardians of the estate and general guardians must post bond before receiving any assets and take an oath; a resident guardian of the person typically serves without bond.
• Priority of appointment: The clerk considers nominations and prefers an individual, then a corporation, and lastly a public agency, while always choosing the most suitable candidate.
• Disqualifications/conflicts: Certain service providers (e.g., some treatment-facility employees or providers tied to a local management entity for the ward) cannot serve; conflicts of interest can lead to denial or later removal.
• Removal/substitution standards: A current guardian may be removed for cause (e.g., failure to perform duties), and any successor must independently meet eligibility requirements.

What the Statutes Say

• North Carolina Gen. Stat. § 35A-1213 (Who may be appointed) – Sets who can serve, nonresident conditions, corporate qualifications, and key disqualifications.
• North Carolina Gen. Stat. § 35A-1214 (Priority of appointment) – Directs the clerk’s order of consideration and suitability standard.
• North Carolina Gen. Stat. § 35A-1230 (Bonds) – Requires bond for guardians of the estate/general guardians and addresses bond for nonresident guardians of the person.
• North Carolina Gen. Stat. § 35A-1292 (Removal) – Authorizes removal for cause and appointment of a successor.

Analysis

Apply the Rule to the Facts: As a competent adult in North Carolina seeking to take over an existing case, you are eligible if the Clerk finds you most suitable and you can satisfy any required bond and process-agent steps. If you will manage money, you must post bond before receiving assets. If you live out of state, you must appoint a North Carolina resident process agent and may be required to post bond even for a guardian-of-the-person role. To replace a current guardian, you would ask the Clerk to remove the incumbent for cause and appoint you as successor; the Clerk will apply the priority and suitability standards.

Process & Timing

1. Who files: The prospective guardian. Where: Clerk of Superior Court in the county where the person was adjudicated incompetent or where the guardianship file is pending. What: For a new appointment, file an Application for Letters of Guardianship (AOC-E-206). For a replacement, file a motion to remove and appoint a successor in the existing file. If nonresident, file an Appointment of Resident Process Agent. When: Hearings are typically set by the clerk; timing varies by county.
2. Attend the hearing. Be prepared to show suitability, disclose any potential conflicts, and, if you will handle assets, your ability to qualify for bond. If replacing an existing guardian, present evidence supporting removal for cause.
3. After appointment, take the oath, file any required bond, and obtain Letters of Guardianship (estate: AOC-E-407; person: AOC-E-408). You cannot act for the ward or access assets until Letters are issued.

Exceptions & Pitfalls

• Nonresident guardians must appoint a North Carolina resident process agent and may face additional bond requirements.
• Employees of a treatment facility serving the ward and certain contracted service providers are barred from serving; corporate guardians must be authorized by charter and conflict-free.
• Conflicts of interest can disqualify you even if you have priority; disclose relationships and be prepared to show you can act solely in the ward’s best interests.
• Replacement is not automatic—removal of a current guardian requires cause, and the clerk must still find you “most suitable.”

Conclusion

Under North Carolina law, a competent adult, a qualifying corporation, or, if needed, a public agency may serve as guardian if the Clerk of Superior Court finds that candidate most suitable. Nonresidents must appoint a resident process agent, and anyone managing assets must post bond before receiving funds. To move forward, file an Application for Letters of Guardianship (or a motion to replace the current guardian) with the Clerk of Superior Court in the county where the guardianship is pending.

Talk to a Guardianship Attorney

If you’re dealing with who can serve as guardian or how to be appointed in an existing case, 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.