Understanding Adult Guardianship in North Carolina
When a parent develops dementia and can no longer manage personal care or financial affairs, you may need to seek adult guardianship under North Carolina law (Chapter 35A, Article 11). Guardianship gives a responsible person legal authority to make decisions on behalf of an incapacitated adult. This article explains each step in plain language and cites key statutes so you know what to expect.
Detailed Steps to Obtain Guardianship
1. Assess Capacity and Explore Alternatives
Guardianship is the most restrictive form of assistance. Before you petition, consider less restrictive tools such as a health care power of attorney or financial power of attorney under the North Carolina Power of Attorney Act. If dementia prevents your parent from granting powers, guardianship may be appropriate.
2. File a Petition for Appointment of Guardian
Complete the standard form (AOC-G-210) and file it with the clerk of superior court in the county where your parent lives. The petition must state the reasons for guardianship, describe the proposed guardian, and include a summary of your parent’s assets. See N.C. Gen. Stat. § 35A-1103 for content requirements: § 35A-1103.
3. Serve Notice on Your Parent and Relatives
Within ten days of filing, you must serve notice on the proposed ward (your parent), close relatives, and any known interested parties. The clerk typically uses the sheriff for personal service on the ward. Mail or deliver notice to other relatives. See service rules in N.C. Gen. Stat. § 35A-1217: § 35A-1217.
4. Obtain and File a Medical Certificate
A qualified physician or psychologist must examine your parent and complete a medical certificate indicating diminished capacity. The exam must occur within 60 days before or 30 days after you file the petition. File the certificate with the clerk before the hearing. See N.C. Gen. Stat. § 35A-1211: § 35A-1211.
5. Clerk Appoints an Attorney and Guardian ad Litem
To protect your parent’s interests, the clerk will appoint an independent attorney and a guardian ad litem. They interview your parent, review evidence, and file a report before the hearing. See N.C. Gen. Stat. § 35A-1213: § 35A-1213.
6. Attend the Court Hearing
The clerk sets a hearing no sooner than ten days and no later than 60 days after you file the petition. At the hearing, you present evidence of incapacity and need for guardianship. Your parent (through counsel or the guardian ad litem) can contest the petition. If the judge finds incapacity, they will appoint a guardian under N.C. Gen. Stat. § 35A-1207: § 35A-1207.
7. Receive Letters of Guardianship and File an Inventory
After the judge’s order, the clerk issues letters of guardianship. You then must file a detailed inventory of your parent’s assets within 90 days. Inventory rules appear in N.C. Gen. Stat. § 35A-1240: § 35A-1240.
8. Fulfill Ongoing Duties and Accountings
As guardian, you file annual accountings and report major life decisions, such as selling real estate or moving your parent to a long-term care facility. See N.C. Gen. Stat. § 35A-1250 for accounting requirements: § 35A-1250.
Key Steps Checklist
- Evaluate capacity and less restrictive alternatives
- Prepare and file the guardianship petition (AOC-G-210)
- Serve notice on your parent and family
- Secure a medical certificate of incapacity
- Clerk appoints attorney and guardian ad litem
- Attend the hearing and present evidence
- Obtain letters of guardianship and file an inventory
- Submit annual reports and accountings
Take the Next Step
Obtaining guardianship for a parent with dementia involves strict court procedures and paperwork. Pierce Law Group’s attorneys guide families through each stage and ensure compliance with North Carolina statutes. Reach out today for clear advice and dedicated support.
Contact us at intake@piercelaw.com or call (919) 341-7055.
