What is the process and associated cost for filing a successor guardianship petition in North Carolina?

1. Detailed Answer

When a court-appointed guardian for a minor or incompetent adult can no longer serve—due to death, resignation, or removal—you must seek appointment of a successor guardian. North Carolina law governs this process under Chapter 35A of the General Statutes. The key statute is G.S. 35A-1204, which addresses the appointment of successor guardians for incompetent adults, and Article 6 of Chapter 35A governs guardians for minors.

Here is a step-by-step guide:

1. Determine Eligibility: Any interested person—usually a close family member—may file. Ensure the proposed guardian has no conflicts and is capable of caring for the ward’s person or property.
2. Prepare the Petition: Draft a petition on the approved form. Include the ward’s name, date of birth, reasons for the successor appointment, and a statement about the prior guardian’s inability to continue.
3. File with the Clerk of Superior Court: Submit the petition in the county where the ward lives. The clerk will assign a case number and schedule a hearing.
4. Pay Filing Fees: North Carolina charges a standard guardianship filing fee. Under G.S. 7A-308(a)(17), the fee for a special proceeding is $120 (as of this writing). Expect additional costs for service of process and bond premium (if the court requires a bond).
5. Serve Notice: You must serve notice on the ward and other persons entitled to notice under the applicable statutes and rules.
6. Attend the Hearing: At the hearing, the court will review the petition, verify notices, and consider any objections. The proposed guardian must demonstrate fitness and willingness to serve.
7. Obtain Letters of Guardianship: Once the clerk enters the order, the clerk issues Letters of Guardianship. These letters grant legal authority to make decisions on behalf of the ward.

Beyond the filing fee, you will incur costs for:

• Service of process (amount varies by method and county)
• Bond premium (if required; variable)
• Publication (if the court orders notice by publication; variable)

2. Key Points to Remember

• Statutory authority: G.S. 35A-1204 governs successor guardianships for incompetent adults; different provisions apply to minors.
• Filing fee: the applicable filing fee depends on the nature of the proceeding under G.S. 7A-308.
• Prepare clear proof of the former guardian’s inability to serve.
• Serve all interested parties entitled to notice.
• Plan for bond requirements and related fees.
• Obtain Letters of Guardianship before acting on behalf of the ward.

Successor guardianship ensures that someone always looks after your loved one’s interests. If you face this transition, you do not have to go it alone. Contact Pierce Law Group today. Our attorneys understand North Carolina’s guardianship process and stand ready to guide you.

Call us now at (919) 341-7055 or email intake@piercelaw.com to schedule a consultation.