Short Answer

In North Carolina, you start by filing a verified petition with the Clerk of Superior Court to have your mother adjudicated incompetent and to request your appointment as guardian. The court must personally serve your mother and give her at least 10 days’ notice of the hearing, appoint an attorney if she doesn’t have one, and consider less restrictive options (like powers of attorney) before deciding. If the county’s Adult Protective Services (APS) is involved, they must be notified, and any temporary orders will be coordinated with your petition.

Understanding the Problem

You want to know how, in North Carolina, you can be appointed as your mother’s guardian when she is hospitalized and receiving protective services. The decision point is: can you file now and be named the guardian, and what steps are required with the Clerk of Superior Court? One key fact: you tried to set up a power of attorney that stalled, and your only sibling is unfit and not involved.

Apply the Law

North Carolina guardianship for incapacitated adults is a special proceeding before the Clerk of Superior Court. You file a petition alleging your mother lacks capacity to manage personal, medical, or financial affairs and asking the court to appoint a guardian of the person, a guardian of the estate, or a general guardian. Venue is usually in the county where your mother resides (or is present). The respondent (your mother) must be personally served and receive at least 10 days’ notice of the hearing. She has the right to an attorney; the court will appoint one if needed. The court may order an evaluation and will decide the least restrictive option, which can include limited guardianship if a full guardianship is not necessary.

Key Requirements

• Verified petition: File a sworn petition that states the facts showing incapacity, identifies next of kin, describes property (if any), and requests the type of guardianship sought.
• Proper venue and service: File in the correct county and ensure the sheriff personally serves your mother with notice at least 10 days before the hearing; notify close relatives and APS if they are involved.
• Respondent protections: Your mother has the right to counsel; the court can appoint an attorney and may appoint a guardian ad litem or order an evaluation to inform the decision.
• Least restrictive fit: The Clerk must consider powers of attorney and other alternatives, and may appoint a limited guardian or deny guardianship if lesser measures suffice.
• Selection and qualification: If a guardian is needed, the Clerk picks a suitable person (often a responsible family member); guardians of the estate/general guardians must post bond and take an oath before receiving Letters of Guardianship.

What the Statutes Say

• North Carolina Gen. Stat. § 35A-1106 (Petition and contents) – Who may file, what to allege, and basic petition requirements.
• North Carolina Gen. Stat. § 35A-1108 (Notice and service) – Personal service on the respondent and minimum notice before hearing.
• North Carolina Gen. Stat. § 35A-1202 (Types of guardians) – Guardian of the person, guardian of the estate, and general guardian.
• North Carolina Gen. Stat. § 35A-1212 (Who may be appointed) – Clerk’s discretion to appoint a suitable guardian and address qualifications.

Analysis

Apply the Rule to the Facts: You, as an adult child, can file the petition in the Clerk of Superior Court where your mother resides or is hospitalized. Because the power of attorney process stalled, the court will likely examine whether a limited or full guardianship is needed and whether any existing documents cover her needs. Your sibling is an interested party and must receive notice, but their unfitness and lack of contact weigh in the Clerk’s suitability decision. If APS is providing protective services or holds a temporary order, you can still petition; the court will coordinate your request with any APS measures and may consider an interim arrangement until the final hearing.

Process & Timing

1. Who files: You (the petitioner). Where: Clerk of Superior Court in your mother’s North Carolina county of residence (or where she is currently located). What: AOC-SP-200 (Petition for Adjudication of Incompetence and Application for Appointment of Guardian) and AOC-SP-100 (Special Proceedings Summons). Include names/addresses of next of kin, APS involvement, proposed guardian, and requested scope (person, estate, or general). When: File as soon as practical; the respondent must get at least 10 days’ notice before the hearing.
2. Notice and appointments: The Clerk issues the summons; the sheriff personally serves your mother (including at the hospital). The court appoints her an attorney if she doesn’t have one and may appoint a guardian ad litem and/or order a medical or multidisciplinary evaluation. Counties vary, but hearings commonly occur a few weeks after service, especially if an evaluation is ordered.
3. Hearing and appointment: At the hearing, the Clerk considers evidence and least-restrictive alternatives. If guardianship is necessary and you are suitable, the Clerk appoints you to the appropriate role. You take an oath, and if you are guardian of the estate or a general guardian, you post bond. The Clerk issues Letters of Guardianship so third parties can recognize your authority.

Exceptions & Pitfalls

• Less restrictive measures: If a valid power of attorney or other supports adequately meet her needs, the court may limit or deny guardianship.
• Service and venue mistakes: Filing in the wrong county or failing to personally serve your mother can delay the case; confirm hospital location and residence for venue and coordinate sheriff service.
• Missing interested parties: Don’t omit a sibling or APS—leave no gaps in notice to avoid continuances.
• Type of guardianship: Request only what is needed (person, estate, or limited). Overbreadth can draw objections or restrictions.
• Bond and recordkeeping: If you will manage money, expect a bond and ongoing reporting to the Clerk; prepare documentation early.

Talk to a Guardianship Attorney

If you’re dealing with an urgent adult guardianship while APS is involved, 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.