Guardianship of a Child or Adult in North Carolina
How to become a guardian of a child or an adult in North Carolina: who can petition, the court process and alternatives.
Short answer: The clerk of superior court appoints guardians for minors. A guardian of the person, or general guardian, may be appointed only for a minor who has no natural guardian; a guardian of the estate may be appointed for any minor. N.C. Gen. Stat. §§ 35A-1120, 35A-1224
| Guardianship of a child | The clerk of superior court appoints guardians for minors. A guardian of the person, or general guardian, may be appointed only for a minor who has no natural guardian; a guardian of the estate may be appointed for any minor. Guardians must be adults (they need not live in North Carolina). The clerk gives substantial weight to a parent's testamentary recommendation, but it cannot override the rights of a surviving parent who has not willfully abandoned the child, and every appointment must be based on the minor's best interest. |
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| Guardianship of an adult | Adult guardianship begins with an incompetency proceeding before the clerk of superior court. At the hearing, both sides may present evidence and cross-examine witnesses, and the hearing is public unless the respondent asks otherwise. If the clerk or a jury finds by clear, cogent and convincing evidence that the respondent is incompetent, the clerk enters an adjudication order and then appoints a guardian; otherwise the case is dismissed. The clerk may appoint an interim guardian when in the respondent's best interest. |
More North Carolina divorce & family law
- Getting a Marriage License in North Carolina
- Adopting a Child in North Carolina
- Establishing Paternity in North Carolina
- Changing Your Name in North Carolina
- Child Custody Laws in North Carolina
- How Child Support Is Calculated in North Carolina
- Divorce Records in North Carolina
- Alimony and Spousal Support in North Carolina
- How to File for Divorce in North Carolina
- Legal Separation and Annulment in North Carolina
- All North Carolina divorce & family law rules
FAQ
How do you get guardianship of a child in North Carolina?
The clerk of superior court appoints guardians for minors. A guardian of the person, or general guardian, may be appointed only for a minor who has no natural guardian; a guardian of the estate may be appointed for any minor. Guardians must be adults (they need not live in North Carolina). The clerk gives substantial weight to a parent's testamentary recommendation, but it cannot override the rights of a surviving parent who has not willfully abandoned the child, and every appointment must be based on the minor's best interest.
How do you get guardianship of an adult in North Carolina?
Adult guardianship begins with an incompetency proceeding before the clerk of superior court. At the hearing, both sides may present evidence and cross-examine witnesses, and the hearing is public unless the respondent asks otherwise. If the clerk or a jury finds by clear, cogent and convincing evidence that the respondent is incompetent, the clerk enters an adjudication order and then appoints a guardian; otherwise the case is dismissed. The clerk may appoint an interim guardian when in the respondent's best interest.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.