Short Answer

In North Carolina, you start by filing a verified petition to have your father adjudicated incompetent and to appoint a guardian. The Clerk of Superior Court will schedule a hearing; your father must be personally served, and a guardian ad litem is typically appointed. If the clerk finds clear, cogent, and convincing evidence of incompetence, the clerk can appoint a general guardian to manage both personal and financial decisions, subject to bond and ongoing reporting if the estate is involved.

Understanding the Problem

You want to know how, in North Carolina, you can file to become your father’s general guardian so you can make both care and financial decisions. The trigger is that he is self-neglecting and needs help now, but a daughter holds an out-of-state health care power of attorney and there’s family conflict about who should decide.

Apply the Law

North Carolina uses a two-step process: (1) an incompetency proceeding and, if granted, (2) an appointment of a guardian. Proceedings are filed and heard by the Clerk of Superior Court. The petitioner must prove incompetence by clear, cogent, and convincing evidence. After adjudication, the clerk decides the least-restrictive guardianship needed (person, estate, or general) and who is most suitable to serve. If a guardian of the estate or general guardian is appointed, bond and accountings apply.

Key Requirements

• File a verified petition: Start the case by filing the official petition for adjudication of incompetence and application for guardianship.
• Proper service and notice: The sheriff must personally serve your father with the petition and notice of hearing; next of kin receive notice as directed by the clerk.
• Guardian ad litem and evaluation: The court typically appoints a guardian ad litem; the clerk may order a multidisciplinary evaluation to assess capacity and needs.
• Proof standard at hearing: You must present clear, cogent, and convincing evidence that your father cannot manage his affairs or make/communicate important decisions due to a qualifying condition.
• Appointment and scope: If incompetence is found, the clerk tailors the guardianship (limited or general) and selects the most suitable guardian; existing powers of attorney are considered but do not control if good cause exists.
• Bond and letters: For an estate or general guardianship, you take an oath, post bond as required, and receive Letters of Guardianship before acting. Ongoing inventories and accountings may be required.

What the Statutes Say

• N.C. Gen. Stat. § 35A-1105 (Petition to adjudicate incompetence) – Who may file and how the case begins.
• N.C. Gen. Stat. § 35A-1112 (Hearing; burden of proof) – Hearing procedures and the clear, cogent, and convincing standard.
• N.C. Gen. Stat. § 35A-1212 (Appointment criteria) – How the clerk decides scope of guardianship and who should serve.
• N.C. Gen. Stat. § 32C-1-108 (POA nomination of guardian) – Clerk considers a principal’s nomination but may depart for good cause.

Analysis

Apply the Rule to the Facts: Because your father is self-neglecting, you can file a verified petition asking the clerk to adjudicate him incompetent and to appoint a general guardian. The sheriff must personally serve him, and the clerk will appoint a guardian ad litem and may order an evaluation. At the hearing, you’ll need clear, cogent, and convincing evidence of his inability to manage affairs or make/communicate important decisions. The out-of-state health care power of attorney will be considered, but amid family conflict the clerk may still appoint the person or entity most suitable, which could be you, a neutral, or limited in scope if appropriate.

Process & Timing

1. Who files: You (an adult child). Where: Clerk of Superior Court (Special Proceedings) in your father’s North Carolina county. What: File AOC-SP-200 (Petition for Adjudication of Incompetence and Application for Appointment of Guardian) and AOC-SP-201 (Notice of Hearing); some counties request AOC-SP-208 (Capacity Questionnaire). When: The clerk will set a hearing date; timing varies by county.
2. Arrange for sheriff’s personal service on your father; the clerk provides notice to next of kin and may appoint a guardian ad litem. The clerk can also order a multidisciplinary evaluation if needed.
3. Attend the hearing and present evidence. If incompetence is found, the clerk selects the type of guardianship and who will serve. For a general or estate guardianship, take the oath, post bond if required, and receive Letters of Guardianship (AOC-E-406 order issues) so you can act.

Exceptions & Pitfalls

• Limited vs. general guardianship: The clerk must use the least-restrictive option; be ready to show why both personal and financial authority are needed.
• Existing powers of attorney: A prior agent’s nomination gets consideration, but the clerk can appoint someone else for good cause, especially with family conflict.
• Emergency protection: If safety or assets are at immediate risk, ask about interim or emergency relief while the case is pending.
• Bond and reporting: General and estate guardians usually must post bond and file inventories/accountings; budget for these obligations.
• Jurisdictional issues: If your father recently moved between states, the Uniform Adult Guardianship and Protective Proceedings Act may affect where to file.
• Service defects: Lack of sheriff’s personal service on your father can delay or derail the hearing; confirm service early.

Talk to a Guardianship Attorney

If you’re dealing with a loved one who is self-neglecting and family members disagree about decision-making, our firm has experienced attorneys who can help you understand your options and timelines. Call us today.

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.