Short Answer

In North Carolina, you start a special proceeding with the Clerk of Superior Court asking the court to find your parent incompetent and to appoint a guardian. The court will consider whether a limited guardianship or other alternatives (like existing powers of attorney) are enough before removing rights. If guardianship is needed, the clerk can appoint a guardian of the person, a guardian of the estate, or a general guardian, and will issue Letters of Guardianship so third parties (including the VA) will accept your authority.

Understanding the Problem

You’re in North Carolina, you’re the adult child, and you need a court order so you can act for your parents when they cannot sign important documents. You already hold health care and financial powers of attorney, but those documents are not being accepted for VA paperwork. The question is: how do you ask the Clerk of Superior Court to appoint you (or someone) as guardian so you can lawfully make decisions and sign on your parents’ behalf?

Apply the Law

North Carolina guardianship for an adult begins with a petition asking the court to determine the person is incompetent and to appoint the least-restrictive form of guardianship. The Clerk of Superior Court presides over these special proceedings. Venue is usually the county where your parent lives or is present. If the court appoints a guardian of the estate, bond, an inventory, and periodic accountings are required. Letters of Guardianship are the proof you’ll use with banks, facilities, and agencies.

Key Requirements

• Incompetency finding: You must show your parent lacks sufficient capacity to manage their affairs or make important decisions.
• Proper venue and filing: File in the correct county with the Clerk of Superior Court using the required petition and summons; ensure proper service on your parent.
• Least-restrictive option: The court must consider whether existing powers of attorney or a limited guardianship meet the need before removing rights.
• Type of guardian: Guardian of the person (care and placement), guardian of the estate (money/property), or general guardian (both). Estate guardians usually must post bond and file inventories/accountings.
• Hearing and evidence: A formal hearing is held; the clerk may order a medical or multidisciplinary evaluation and will tailor the order to your parent’s actual needs.

What the Statutes Say

• North Carolina Gen. Stat. § 35A-1101 (Key definitions; incompetence) – Defines incompetence and related terms for adult guardianship.
• North Carolina Gen. Stat. § 35A-1103 (Venue) – Sets where to file the case (generally the county of residence or presence).
• North Carolina Gen. Stat. § 35A-1104 (Petition) – Lists what must be included in the petition to start the case.

Analysis

Apply the Rule to the Facts: You are the only child, and your parents are in memory care with diminished capacity. That supports filing for incompetency and guardianship in the North Carolina county where they reside. Because your powers of attorney are not sufficient for VA purposes, the clerk will weigh less-restrictive options but may still appoint a limited or general guardian so you have Letters of Guardianship to sign the VA forms and manage benefits.

Process & Timing

1. Who files: An interested person (often an adult child). Where: Clerk of Superior Court, Special Proceedings, in the North Carolina county of your parent’s residence or presence. What: File AOC-SP-200 (Petition for Adjudication of Incompetence and Application for Appointment of Guardian) and AOC-SP-100 (Special Proceedings Summons). Forms: AOC-SP-200 at nccourts.gov/documents/forms/petition-adjudication-incompetence-and-application-appointment-guardian; AOC-SP-100 at nccourts.gov/documents/forms/special-proceedings-summons. When: File as soon as it’s clear documents cannot be signed and decisions must be made.
2. The court ensures proper service on your parent, appoints counsel or a guardian ad litem if needed, and may order an evaluation. A hearing is scheduled; counties vary, but several weeks is common. Urgent safety or financial issues may justify an interim or emergency appointment.
3. If incompetency is found, the clerk issues an order appointing the appropriate type of guardian and tailor-fits the guardian’s powers. For estate matters, the guardian posts bond, then receives Letters of Guardianship. You use those Letters for banks, facilities, and agencies (including the VA).

Exceptions & Pitfalls

• Less-restrictive alternatives: If a valid power of attorney covers the need, the court can deny or limit guardianship. Be ready to show why POAs are not enough (for example, VA will not accept them for certain actions).
• Type mismatch: If the problem is signing documents and managing money, you may need a guardian of the estate or a general guardian—not just a guardian of the person.
• Bond and accounting: Estate guardians must post bond and keep detailed records. Plan for this; missing deadlines can lead to court action.
• Service/notice traps: Proper service on your parent is required. The court will appoint representation if needed; skipping or shortcutting notice delays the case.
• VA benefits wrinkle: The U.S. Department of Veterans Affairs may still require appointment of a VA fiduciary, even if you are the state-appointed guardian. Coordinate early with the VA to avoid benefit interruptions.

Talk to a Guardianship Attorney

If you’re dealing with court guardianship for a parent who can’t sign documents and agencies won’t accept your POA, 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.