How to Initiate a Guardianship Petition to Protect an Elderly Family Member in North Carolina

1. Detailed Answer

When an elderly loved one experiences significant cognitive decline or faces potential financial exploitation, North Carolina law allows concerned family members to petition the court for guardianship. The process begins by filing a petition in the superior court for the county where your family member lives.

Step 1: Prepare and File the Petition

Under Chapter 35A of the North Carolina General Statutes, you must draft a petition stating:

• The proposed ward’s personal details (name, age, address).
• The nature and degree of cognitive impairment or delay.
• Evidence of risk for financial exploitation or self‐neglect.
• Any alternative less‐restrictive options you have explored.
• A proposed guardian’s qualifications and relationship to the ward.

Step 2: Notify Interested Parties and the Court

After filing, serve notice on the proposed ward, spouse, adult children and close relatives. You must also appoint a guardian ad litem and provide a copy of the petition to the court clerk. The clerk will set a hearing date.

Step 3: Obtain a Multidisciplinary Evaluation

The court requires a comprehensive evaluation to determine capacity and needs. Under N.C.G.S. § 35A-1218, the evaluation team must include:

• A licensed physician, psychologist or psychiatrist to assess medical and cognitive status.
• A social worker or qualified mental health professional to review social, living and financial circumstances.

The evaluator files a written report at least five days before the hearing. That report addresses:

• The person’s ability to make informed decisions.
• Whether less restrictive alternatives could meet the person’s needs.
• Recommendations for the scope of the guardianship (e.g., personal care, finances, or both).

Step 4: Attend the Hearing and Finalize Guardianship

At the hearing, the court reviews the petition, the evaluation report, and any objections. The judge will appoint a guardian only if there is clear and convincing evidence that the ward cannot manage personal or financial affairs. If necessary, you may request a temporary guardianship ex parte for immediate protection, under N.C.G.S. § 35A-1208.

2. Key Steps Checklist

• Identify the appropriate superior court for filing.
• Gather medical records and evidence of financial risk.
• Draft and file the guardianship petition under Chapter 35A.
• Serve notice on the proposed ward and relatives.
• Secure appointment of a guardian ad litem.
• Arrange for a multidisciplinary evaluation (N.C.G.S. § 35A-1218).
• Review the evaluator’s report at least five days before the hearing.
• Attend the hearing and present evidence of incapacity and need.
• If urgent, file for an ex parte temporary guardianship (N.C.G.S. § 35A-1208).

Protect Your Loved One with Confidence

Guardianship is an important legal step to safeguard an elderly family member’s well-being and finances. The rules and deadlines in Chapter 35A can seem complex. Pierce Law Group’s attorneys have years of probate and guardianship experience and can guide you through each phase. Contact us to discuss your situation and begin protecting your loved one today.

Email us at intake@piercelaw.com or call (919) 341-7055.