How to Establish Guardianship for an Incapacitated Adult in North Carolina

Detailed Answer

Under North Carolina law, guardianship gives a responsible individual the authority to make personal, health, and sometimes financial decisions for an adult who cannot care for themselves. You begin by preparing and filing a formal petition in the Clerk of Superior Court’s office for the county where the proposed ward lives. The petition must describe the adult’s condition, the type of guardianship you request (full or limited), and the reasons why less restrictive alternatives – such as a power of attorney or advance directives – will not protect the person’s interests.

North Carolina General Statutes Chapter 35A, Article 4 (Guardianship of Incapacitated Persons) sets the framework. You must attach a recent professional evaluation of the adult’s capacity. The court relies on clear and convincing evidence of incapacity before appointing a guardian. After filing, the court appoints a guardian ad litem to investigate the situation and represent the proposed ward’s interests. The clerk schedules a hearing where you present evidence, and the judge considers testimony from medical experts and the guardian ad litem.

If the judge finds the adult is incapacitated and the proposed guardian is fit, the court issues Letters of Guardianship. The guardian takes an oath, accepts the responsibilities, and begins acting on the person’s behalf. Guardians must file annual reports and inventories with the court, as required by N.C.G.S. § 35A-1222. This ongoing oversight ensures the ward’s needs remain met.

Key Steps to Establish Guardianship

1. Consult an Attorney: Work with an experienced probate attorney to determine whether guardianship is necessary and identify less restrictive alternatives.
2. Obtain Capacity Evaluation: Arrange a thorough assessment by a qualified professional, as required by N.C.G.S. § 35A-1201.
3. Prepare and File Petition: File in the Clerk of Superior Court’s office in the ward’s county, describing the adult’s limitations and the relief sought.
4. Notify Interested Parties: Serve notice on the proposed ward, close family members, and any trust beneficiaries. The court will appoint a guardian ad litem.
5. Attend Hearing: Present medical evidence and witness testimony. The judge assesses capacity and the proposed guardian’s suitability.
6. Receive Letters of Guardianship: If approved, the court issues official documents granting you authority to act for the ward.
7. File Reports and Inventories: Submit annual status reports, financial inventories, and any required accountings to the court.

Why Guardianship Matters

• Protects the personal and medical interests of an adult who cannot make decisions.
• Ensures a court-supervised process with checks and balances.
• Requires periodic review to adapt to the ward’s changing needs.

Guardianship involves significant responsibility and court supervision. Choosing the right legal partner makes the process smoother and ensures your loved one receives proper care and protection.

Take Action Today

If you need to establish guardianship for an incapacitated adult, Pierce Law Group’s experienced attorneys can guide you through every step. Contact us to discuss your situation. Email intake@piercelaw.com or call (919) 341-7055 to schedule a consultation.