What Should I Know Before Filing for Adult Guardianship in North Carolina?

If you're thinking about filing for guardianship over an adult family member in North Carolina, it's not just a matter of filling out some forms. This is a serious legal step, one that removes fundamental rights from someone you care about. Here's what to understand before you move forward.

Why Guardianship Isn’t Just Paperwork

Guardianship is a legal declaration that someone can no longer manage their personal or financial affairs. Once granted, the court gives another person, possibly you, the legal authority to make decisions for them. But here’s the thing: this is a profound legal change, and the court doesn’t take it lightly.

How to Prepare Before You File

Before anything else, document everything. Keep records of:

• Unsafe decisions your loved one has made
  
  

• Diagnosed medical conditions
  
  

• Professional evaluations from doctors
  
  

You’ll also need to notify all relevant family members and decide which type of guardianship is appropriate, guardianship of the person, the estate, or both. The court requires clear, cogent, and convincing evidence to approve a petition for guardianship.

Common Misconceptions About Guardianship

Let’s clear up a few myths:

• Myth 1: Guardianship is fast.
  Truth: It usually takes up to two months and involves at least one court hearing.
  
  

• Myth 2: Family members automatically get guardianship.
  Truth: The court chooses the most qualified person based on the ward’s best interest.
  
  

• Myth 3: Guardians have unlimited power.
  Truth: Guardians are accountable to the court and must act solely in the ward’s interest.
  
  

• Myth 4: Guardianship is forever.
  Truth: It can be changed or ended if circumstances improve.
  
  

What the Court Will Evaluate

North Carolina’s General Statute 35A guides this process. The judge will look for:

• Verified medical documentation of inability to make safe decisions
  
  

• Attempts to use less restrictive alternatives before seeking guardianship
  
  

• Your ability and willingness to serve as a responsible guardian
  
  

The prospective ward will have legal representation and a right to contest the petition. Their wishes are taken seriously.

Understanding the Cost and Timeline

Be ready to invest $2,000 to $5,000 for:

• Legal representation
  
  

• Court fees
  
  

• Medical assessments
  
  

• Service of legal documents
  
  

While emergencies may be handled quickly, expect a standard case to take at least two months.

What Happens After You're Appointed Guardian

If you’re named guardian of the estate (finances), you're not just making decisions, you’re managing someone else’s life with full transparency to the court. That includes:

• Filing annual reports
  
  

• Getting court approval for major decisions
  
  

• Keeping detailed financial records
  
  

Guardianship of the person means handling healthcare, housing, and personal decisions. The role lasts until the person recovers, passes away, or someone else is appointed.

Is Guardianship the Right Path?

Guardianship is sometimes necessary, but it’s never a decision to rush. At The Walls Law Group, we help families across North Carolina navigate this process with compassion and precision. If you're unsure whether guardianship is right, or how to begin, we're here to guide you.

Contact us for a consultation to discuss your specific situation. We'll help you protect your loved one’s safety while preserving their dignity.

This post is for informational purposes only and does not constitute legal advice. Every case is unique. No attorney-client relationship is created by reading this content.