Short Answer

In North Carolina, you start by filing a petition with the Clerk of Superior Court asking the court to find your parent incompetent and to appoint a guardian. You must prove, with clear, cogent, and convincing evidence, that your parent cannot manage personal or financial decisions due to a condition like disease or injury. If proven, the clerk can appoint a guardian of the person, a guardian of the estate, or both (a general guardian), tailored to your parent’s needs. In urgent cases, you can request an interim guardian for immediate protection.

Understanding the Problem

You’re in North Carolina and need to know how you, as an adult child, can get legal authority to make health care, safety, and financial decisions for a parent. The immediate action is to ask the Clerk of Superior Court to appoint a guardian, typically after your parent’s condition prevents safe decision‑making. Here, your parent’s early‑onset dementia after a head injury is the key fact driving the need.

Apply the Law

North Carolina requires a two‑step court process: (1) adjudication of incompetence and (2) appointment of the appropriate guardian. “Incompetent” means an adult lacks sufficient capacity to manage affairs or to make or communicate important decisions because of a condition such as disease or injury. The clerk is the decision‑maker, and the petitioner must meet a high proof standard. The court must also consider whether less restrictive alternatives would work and can limit a guardianship so the adult keeps as many rights as possible. The forum is the Clerk of Superior Court; venue is typically the county of the parent’s residence or inpatient facility. A motion for a multidisciplinary evaluation (MDE) must be requested within a short window after service, and interim relief is available when there is immediate risk.

Key Requirements

• File the petition: Any person may petition the Clerk of Superior Court to start the case and must include facts showing incompetence and what alternatives were tried.
• Notice and service: The respondent (your parent) is personally served by the sheriff; the clerk appoints a guardian ad litem to protect their rights, and next of kin receive notice.
• Evidence standard: You must prove incompetence by clear, cogent, and convincing evidence; medical records alone may not suffice if contested.
• Scope and type of guardianship: The clerk decides whether to appoint a guardian of the person, of the estate, or both, and can tailor a limited guardianship.
• MDE timing: A motion for a multidisciplinary evaluation generally must be filed within 10 days after service if you want the clerk to order one.
• Emergency protection: If there’s imminent risk to health or assets, you can seek an interim guardian before the final hearing.
• Post‑appointment duties: If a guardian of the estate is appointed, expect a bond, letters of guardianship, an initial inventory, and annual accounts under the clerk’s supervision.

What the Statutes Say

• North Carolina Gen. Stat. § 35A-1106 (Petition contents) – Lists what the petition must include, including facts showing incompetence and less restrictive alternatives considered.
• North Carolina Gen. Stat. § 35A-1112 (Hearing and standard) – Sets the clear, cogent, and convincing evidence standard and the respondent’s hearing rights.
• North Carolina Gen. Stat. § 35A-1114 (Interim guardian) – Allows interim guardians when immediate intervention is needed to prevent harm.
• North Carolina Gen. Stat. § 35A-1212 (Appointment inquiry) – Directs the clerk to determine needed guardianship type/scope and who can most suitably serve.

Analysis

Apply the Rule to the Facts: Your parent’s early‑onset dementia after a head injury, along with inability to manage money, medications, and safety, aligns with North Carolina’s definition of incompetence because the limitations stem from disease/injury and prevent managing affairs or making important decisions. Because you already handle medical, financial, and daily care decisions, a general guardian or a combination of guardian of the person and guardian of the estate is likely appropriate. If a power of attorney is invalid due to incapacity at signing, guardianship is the last‑resort tool to provide lawful authority.

Process & Timing

1. Who files: The child or any concerned adult. Where: Clerk of Superior Court in the county where your parent lives, is domiciled, or is an inpatient. What: File AOC‑SP‑200 (Petition for Adjudication of Incompetence and Application for Appointment of Guardian), AOC‑SP‑201 (Notice of Hearing), and consider AOC‑SP‑208 (Guardianship Capacity Questionnaire). When: The clerk sets a hearing date promptly; request a multidisciplinary evaluation within 10 days after service if needed.
2. The sheriff personally serves your parent; the clerk appoints a guardian ad litem. Contested cases may require witness testimony; if requested, an MDE is typically due within about 30 days of the order. For urgent risk to health or assets, file for an interim guardian; the court sets that hearing immediately.
3. After adjudication, the clerk decides the type/scope of guardianship. The appointment order issues (AOC‑E‑406). For financial authority, the guardian of the estate posts bond and obtains letters (AOC‑E‑206). Expect to file an initial inventory within roughly 90 days and annual accounts thereafter.

Exceptions & Pitfalls

• Less restrictive alternatives: The court must consider options like supported decision‑making, representative payee, or valid powers of attorney. Be ready to explain why these won’t meet your parent’s needs.
• Service and rights: Personal service on your parent is required; your parent can ask for a jury on incompetency. Skipping proper notice can delay or derail the case.
• Evidence quality: If contested, affidavits or letters may be hearsay; plan for live testimony or stipulations. Bring concrete examples of risks (meds, driving, finances) tied to the condition.
• Scope matters: Ask for a limited guardianship when appropriate so your parent retains rights they can still exercise.
• Bond and accounts: A guardian of the estate must qualify with bond and complete timely inventories and annual accountings; failing to do so can result in removal.

Talk to a Guardianship Attorney

If you’re dealing with a parent’s early‑onset dementia and need court authority to make decisions, 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.