Interstate Guardianships

In December of 2016, North Carolina adopted and enacted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA) as Chapter 35B of the North Carolina General Statues.  The act, which has also been adopted by many other states in the United States, is designed to create a uniform set of rules and guidelines for addressing  guardianships and jurisdiction from state to state.  Have questions about a guardianship from another will be viewed in NC?  Give us a call.  


To speak with a Charlotte Mecklenburg Guardianship attorney regarding drafting a petition, modifying an existing order, and/or representing you at a guardianship and incompetency hearing, call Prism today at: 704-412-1442.

Procedure for guardianship

Once a petition has been filed for guardianship by either the petitioner or the petitioner's attorney, a guardian ad litem (GAL) will be appointed to represent the respondent. The GAL is responsible for representing the best interests of the respondent, and will thoroughly investigate all relevant information leading into the guardianship hearing.  The respondent may retain private counsel at any point during the proceedings.   

Upon filing the petition, a hearing date will also be set.  In Mecklenburg County, the hearing is typically set 3-6 weeks out from the date the petition is filed.  All "next of kin" of the respondent must be served with the petition and notice of hearing.  In Mecklenburg County, the petition and notice of hearing MUST be served on the respondent in person by sheriff.  Leading into the hearing, it is important to gather all information with respect to the respondent's physical and mental condition, financial situation, and the surrounding circumstances leading into the petition being filed.  During the hearing, evidence may be put on by the petitioner or his or her attorney, the respondent, and any other interested parties.  Upon hearing all relevant evidence, the clerk of superior court will consider all information that is relevant to the determination of incompetency and/or guardianship, and make a ruling as to to whether or not the respondent is incompetent, and/or appoint a guardian of the person, estate, or both.   

To speak with a Charlotte attorney regarding Guardianship, call 704-412-1442 today.

Any interested party may file for guardianship, although actions are typically initiated by family members, care takers, or social workers.  To begin the process, a petition must be filed with the clerk of superior court in the county in which the respondent (the person for whom a guardian is sought) resides.

Incompetent defined: other than by reason of minority, lacking sufficient capacity to manage one's own affairs or to make or communicate important decisions concerning one's person, family, or property whether the lack of capacity is due to mental illness, mental retardation, epilepsy, cerebral palsy, autism, inebriety, senility, disease, injury, or similar cause or condition.

Duties of a guardian

Taking on the role of Guardian comes with numerous responsibilities, which may vary greatly depending on the type of guardianship involved, the specific condition of the ward, and the circumstances surrounding the appointment. The North Carolina Administration of the Courts has provided guidance regarding the specific responsibilities of guardians, which may be reviewed here

To speak with a Charlotte attorneys regarding guardianships, call 704-412-1442 today.

Types of guardianships

In North Carolina, regardless what type of guardianship is requested in a petition, the clerk of superior may appoint any of three types of guardianship to protect the interests of the ward (the person whom has been adjudicated incompetent or for whom a guardian has been appointed):

  1. Guardian of the person: has authority to make decisions regarding the personal life of the ward, including medical and healthcare, education, employment, and legal representation;
  2. Guardian of the estate: has authority to make decisions regarding the finances of the ward, including property, income, assets, and expenditures;

  3. General guardian: a guardianship of both the person and the estate.

Once ordered by a clerk, a guardianship may be modified in the future depending on the circumstances.  However, a guardianship will always end upon any of the following: the death of the ward, the removal of the guardian from his position by the clerk, the restoration of the competence of the ward, or the resignation of the guardian.  


How Prism can help.

Our attorney is prepared to help with all aspects of Guardianships, including:

* Drafting guardianship petitions.

* Representation at guardianship hearings.

* Modifying existing guardianships.

Charlotte Guardianship Lawyers

Prism Family Law Firm, © Copyright 2019. 

Call today to speak with an attorney regarding your guardianship matter OR click below to visit Prism's contact page.  


BLOG:  View Prism's estate planning blog here.

To speak with a Charlotte attorney regarding Guardianship and how Prism can help, call 704-412-1442.


Guardianship and incompetency Lawyer

Charlotte Mecklenburg County

When an individual is unable or no longer able to  make important decisions regarding his or her own needs, family, healthcare, and/or financial affairs, the appointment of a guardian can help protect the interests of that individual and his or her family. Our attorney is experienced and prepared to help with your guardianship and incompetency needs, including: drafting guardianship petitions; representing your interests at a guardianship hearing; and/or modifying existing guardianship orders.  

In North Carolina, guardianship may be appropriate for individuals in numerous situations, including the following:

  1. A minor child who has received a large inheritance (Guardian of the Estate);
  2. A minor child whose biological parents are both deceased or whose parental rights have both been terminated;
  3. ​An incompetent minor child who has been emancipated;
  4. ​An incompetent minor child who is at least 17.5 years of age;
  5. An incompetent adult.

Contact Info

Prism family law firm

10130 Mallard Creek Rd

Suite 319

Charlotte, NC 28262

704-412-1442 (phone)

866-779-2724 (fax)

Charlotte Guardianship and Incompetency Lawyer 


Family Matters.