How do I petition for guardianship or conservatorship in North Carolina?

1. Terminology. North Carolina recognizes 'guardian of the person,' 'guardian of the estate,' and 'general guardian' (both roles); 'conservatorship' has a specialized meaning for voluntary appointments under Ch. 35A, Art. 9.

2. Adult Guardianship. Under N.C. Gen. Stat. § 35A-1101(7), an 'incompetent adult' is one who lacks sufficient capacity to manage their own affairs or to make or communicate important decisions concerning person, family, or property because of mental illness, intellectual disability, dementia, or other cause.

3. Minor Guardianship. Under § 35A-1224, available when parents are deceased or have lost custody.

4. Petition. File before the clerk of superior court in the county where the respondent resides (§ 35A-1103). Personal service on the respondent at least 10 days before hearing; notice to next of kin.

5. Court Investigator / GAL. A GAL is appointed to represent the respondent (§ 35A-1107). The clerk may also order a multidisciplinary evaluation (§ 35A-1111).

6. Capacity Evaluation. Medical, psychological, or social work evaluation may be ordered; clear, cogent, and convincing evidence is required (§ 35A-1112).

7. Hearing & Order. Respondent has rights to attend, to counsel/GAL, and to a jury trial of six. The clerk's order may grant general or limited guardianship.

8. Powers & Duties. Bond required (§ 35A-1230); inventory within three months; annual accounting; clerk's approval for sale of real property (§ 35A-1301).

9. Alternatives. Durable POA (Ch. 32C), Advance Directive for Natural Death (Ch. 90, Art. 23), health care POA (§ 32A-15 et seq.), and the voluntary conservator under § 35A-1370 for adults who consent.

10. Termination. Restoration to competency (§ 35A-1130), death, or minor reaching 18.

11. UAGPPJA. North Carolina adopted UAGPPJA at Ch. 35B.

This is legal information, not legal advice.