Who can petition the court for a guardianship?

People who can petition the court for a guardianship in North Carolina include the alleged disabled person, any relative of the alleged disabled person, or any interested person or entity with knowledge of the alleged disabled person’s condition. A relative means the parent, adult brother or sister, adult nephew or niece, grandparent, adult aunt or uncle, or any other person related by blood or marriage. An adult nephew or niece is defined as someone 18 years old or older. In some cases, the clerk of superior court may also petition for the appointment of a guardian when the clerk gets credible information that a person is disabled, has no known guardian, and needs a guardian. Entity means an organization, corporation, public agency, or other group that is recognized as capable of suing or being sued or owning property in its own name. In addition, the local department of social services may petition for the appointment of a guardian. When the department needs to provide services to a disabled person and the person appears to have no relative or other interested person willing or able to act as guardian, the department may petition the court to appoint a guardian for the person. Anyone who wants to petition the court for a guardianship should contact an attorney or the local court to learn about the specific rules and requirements.

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Who can petition the court for a guardianship?

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