Adult Guardianship

Alternatives to Guardianship
A brief overview of legal and practical alternatives to guardianship of the person and of the estate that empower surrogate decision makers to act on an older adult’s behalf.
Alternatives - Download PDF
Techniques and Tips for Interviewing Older Adults
A summary of some techniques to consider when interviewing older adults in connection with elder abuse cases and links to additional resources.

Interviewing - Download PDF
Overview of the Court Procedure to Appoint a Guardian for an Incompetent Adult
A step-by-step review of the process that must be followed by the court when appointing a guardian for an incompetent person, beginning with the filing of a petition. It includes references to relevant court forms.
Overview - Download PDF
Preventing, Identifying, and Responding to Elder Abuse in Incompetency and Adult Guardianship Cases
This bench card is intended to help clerks of superior court prevent, identify, and respond to elder abuse in incompetency and adult guardianship cases where the clerk is the presiding judicial official.
Bench Card - Download PDF
Resources for Guardians
A list and description of resources available to help guardians better understand the responsibilities, importance, and scope of their role.
Resources - Download PDF
Power of Attorney Termination Flow Chart
A chart that provides guidance on terminating a power of attorney (POA) and obtaining information from an agent under a POA after the appointment of a guardian for an incompetent older adult.
Flow Chart - Download PDF

Adult Guardianship FAQs

What are the legal requirements applicable to the notice of rights required in guardianship proceedings?Kristy Preston2024-10-29T13:08:40-04:00

What are the legal requirements applicable to the notice of rights required in guardianship proceedings?

On September 20, 2023, Session Law 2023-124 enacted a significant number of changes to North Carolina’s existing incompetency and guardianship laws. The changes modified the definitions in G.S. Chapter 35A of key terms, added a requirement of all parties and the court to consider less restrictive alternatives to guardianship, created a new notice of rights (and with it, new obligations for guardian ad litem attorneys (GALs) and others), changed the standards applicable to the assessment of costs and fees, and more.

Read more about the applicable changes to the notice of rights

View a webinar on the changes

What obligations do the parties and the court have with regard to less restrictive alternatives in guardianship proceedings?Tamara2024-10-29T13:07:09-04:00

What obligations do the parties and the court have with regard to less restrictive alternatives in guardianship proceedings?

Session Law 2023-124 mandates the consideration of less restrictive alternatives (LRAs) to guardianship prior to an adjudication of incompetency.