Short Answer

North Carolina follows the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. To transfer an existing out-of-state adult guardianship or conservatorship into North Carolina, you typically (1) get a provisional transfer order from the original court, (2) petition the Clerk of Superior Court in the North Carolina county where the adult now lives to accept the transfer, and (3) once accepted, return to the original court for a final transfer order and then obtain final acceptance and new North Carolina letters here. If you only need authority to act in North Carolina without moving the case, you can register the out-of-state orders with the Clerk.

Understanding the Problem

You have an out-of-state adult guardianship and conservatorship, moved your father to North Carolina, and the new court told you to transfer the case. In North Carolina, the Clerk of Superior Court handles adult guardianships. Your question is: how do I move my existing orders into North Carolina so I can keep acting without gaps in authority?

Apply the Law

North Carolina’s law allows two paths: (1) transfer and accept the entire case into North Carolina, or (2) register your existing out-of-state guardianship/protective orders so you can use them here. Transfers require coordination between the original (“sending”) court and the North Carolina (“receiving”) Clerk of Superior Court. Registration is a simpler filing that permits you to act in North Carolina under your current orders, but it does not move the case.

Key Requirements

• Jurisdiction fit: The adult now resides in or is physically present in a North Carolina county, and North Carolina would have had authority to appoint a guardian if filed here.
• Two-step transfer: The sending court issues a provisional order to transfer; the North Carolina court issues a provisional order to accept; then each issues final orders to complete the transfer.
• Certified documents: File certified copies of the existing guardianship/conservatorship orders and current letters from the sending state with the North Carolina Clerk.
• Notice and hearing: Give required notice (including to the adult and interested persons). The Clerk may hold a brief hearing to confirm the transfer serves the adult’s best interests and complies with North Carolina standards.
• Registration option: If you only need to act here temporarily, you may register certified copies of your out-of-state orders with the Clerk to gain authority to act in North Carolina without transferring the case.

What the Statutes Say

• North Carolina Gen. Stat., Chapter 35B (Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act) – Sets the rules for transfer, acceptance, and registration of out-of-state adult guardianship/protective orders.
• North Carolina Gen. Stat., Chapter 35A (Guardianship) – Governs North Carolina guardians of the person and of the estate, including bonds, inventories, and accountings after acceptance.

Analysis

Apply the Rule to the Facts: Because your father now lives in North Carolina, the Clerk of Superior Court here can accept a transfer if you file certified copies of your current orders and obtain a provisional transfer order from the original court. After the North Carolina Clerk issues a provisional acceptance, you return to the original court for a final transfer order. Filing that final order here lets the Clerk enter a final acceptance and issue new North Carolina letters so you can continue acting without interruption. If you need immediate authority before transfer completes, register certified copies of the existing orders with the Clerk so you can act here under those orders.

Process & Timing

1. Who files: The current guardian/conservator. Where: Clerk of Superior Court (Special Proceedings), in the North Carolina county where the adult now resides or is physically present. What: Petition to Accept Transfer of Guardianship/Conservatorship (include certified copies of the existing orders and letters; proposed orders; contact list for notice). If you choose registration instead, file a written request to register with certified copies of the appointing orders. When: File as soon as the adult relocates to North Carolina; coordinate with the sending court so the provisional orders are issued in sequence.
2. The Clerk issues notice and sets a hearing if needed. After confirming North Carolina is an appropriate forum and the transfer serves the adult’s best interests, the Clerk issues a provisional order accepting the transfer. Typical timing varies by county; ask the Clerk’s office about their scheduling.
3. Return to the sending court to obtain a final transfer order. File that order with the North Carolina Clerk. The Clerk then enters a final acceptance order and issues new North Carolina Letters of Guardianship (person) and, if applicable, Letters for the estate (North Carolina uses “guardian of the estate” instead of “conservator”). You must meet any North Carolina bond, inventory, and accounting requirements going forward.

Exceptions & Pitfalls

• Wrong forum: If North Carolina would not have had authority to appoint a guardian (for example, the adult has no residence or meaningful connection here), the Clerk can deny acceptance.
• Missing certified records: Uncertified or incomplete orders and letters slow or block acceptance or registration. Obtain certified copies from the sending court.
• No provisional order: North Carolina cannot finalize acceptance until the sending court issues its final transfer order. Start by requesting a provisional transfer order there.
• Bond and accounting: If you manage assets, North Carolina may require a bond, an initial inventory, and annual accountings even if the sending state did not.
• Terminology mismatch: Other states use “conservator.” In North Carolina, that role is “guardian of the estate.” Make sure your filings and proposed orders reflect North Carolina terminology.
• Notice defects: Follow Clerk instructions for who must receive notice (including the adult). Defective notice can delay or undo orders.

Talk to a Guardianship Attorney

If you’re relocating an existing guardianship and conservatorship and need to accept the case in North Carolina or register out-of-state orders, 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.