Short Answer

In North Carolina, your duties depend on the type of guardianship. A guardian of the person makes decisions about care, housing, and medical treatment. A guardian of the estate manages money and property, posts a bond, files an inventory within about three months, and submits annual accounts. A general guardian does both. The incompetency petition and the request to appoint a guardian are usually filed together on one form, but the Clerk may hold the incompetency hearing first and appoint a guardian at the same or a later hearing.

Understanding the Problem

You want to know, under North Carolina guardianship law, what you would be required to do if the court appoints you as your father’s guardian. You also want to know whether you must file the incompetency case and the guardianship request together or handle them in separate steps.

Apply the Law

North Carolina separates guardianship into three roles: guardian of the person (care decisions), guardian of the estate (financial management), and general guardian (both). The Clerk of Superior Court oversees these cases. Guardians must act in the ward’s best interests and use the least restrictive option that preserves as much independence as possible. If you manage assets, you must post bond (unless excused), file an inventory shortly after appointment, and then file annual accounts for the Clerk to audit. Most cases start with a single filing that asks the Clerk to adjudicate incompetence and appoint a guardian; the Clerk can decide both in one sitting or split them.

Key Requirements

• Right role and scope: The court tailors the appointment (person, estate, or general) to your father’s needs and may limit powers to what is necessary.
• Best-interest, least-restrictive duty: Support your father’s autonomy and involve him in decisions as appropriate.
• Financial safeguards (if you handle money): Post bond if required, keep funds separate, file an inventory in about three months, keep records, and submit annual accounts.
• Health and placement decisions (if guardian of the person): Arrange housing, services, and consent to treatment consistent with your father’s needs and wishes.
• Court oversight: The Clerk audits accounts, can require receipts/vouchers, and can order corrective steps if filings are late or incomplete.
• Filing structure: One petition typically covers both incompetency and guardianship; hearings may be combined or staged.

What the Statutes Say

• North Carolina Gen. Stat. § 35A-1201 (Policy) – Guardianship must be limited to what is necessary and preserve autonomy.
• North Carolina Gen. Stat. § 35A-1202 (Definitions) – Defines guardian of the person, guardian of the estate, and general guardian.
• North Carolina Gen. Stat. § 35A-1261 (Inventory) – Guardian of the estate files an inventory shortly after qualification.
• North Carolina Gen. Stat. § 35A-1264 (Annual accounts) – Requires yearly accountings to the Clerk for financial guardians.

Analysis

Apply the Rule to the Facts: If you’re appointed guardian of the person, you’ll make care, housing, and medical decisions for your father while promoting his independence. If you’re appointed guardian of the estate or as a general guardian, you must safeguard his assets, keep them separate, file an inventory soon after you qualify, and submit annual accounts. You may file one petition that asks the Clerk to adjudicate incompetency and appoint a guardian; the Clerk can hold the incompetency hearing first and then appoint a guardian immediately or at a continued hearing.

Process & Timing

1. Who files: The daughter (petitioner). Where: Clerk of Superior Court, Special Proceedings, in the North Carolina county where your father resides. What: Petition for Adjudication of Incompetence and Application for Appointment of Guardian (AOC‑SP‑200). When: File as soon as you have information and witnesses/records to support incompetency; hearings are scheduled by the Clerk and timing varies by county.
2. After filing, serve your father and required next of kin. The Clerk may appoint a guardian ad litem to protect his rights. The Clerk holds the incompetency hearing first; if incompetency is found, the Clerk decides the type of guardianship and who will serve. Appointment can occur the same day or be continued.
3. Upon appointment, you’ll receive Letters of Guardianship. If you handle assets, post any required bond, open a dedicated guardianship account, file your inventory within about three months of qualification, and then file an annual status report (person) and/or annual account (estate) each year.

Exceptions & Pitfalls

• Limited guardianship: The Clerk can limit powers so your father keeps rights he can still exercise. Ask for only what’s necessary.
• Bond and commingling: If you manage funds, expect a bond and never mix your father’s money with your own. Use a separate, titled account.
• Court approval for major moves: Some transactions (for example, selling real estate or making gifts) typically require prior court approval—ask before acting.
• Missed filings: Late inventories or annual accounts can trigger orders to compel, audits, or removal. Keep records and calendar deadlines.
• Notice/service: Improper service or missing parties can delay the hearing. Confirm service on your father and required relatives.

Talk to a Guardianship Attorney

If you’re seeking guardianship for a parent and want to understand duties, reports, and court timelines, our firm has experienced attorneys who can help you understand your options and next steps. Call us today to get started.

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.