Guardianship and conservatorship in North Carolina: who, where, cost

How a court can name a guardian or conservator in North Carolina, what it costs and what to try first.

Checked against official sources: October 31, 2026.

Short answer

Guardian of the person, guardian of the estate, general guardian, limited guardian, interim guardian.

Filing fee
$120 filing fee plus $30 for the sheriff to serve the respondent.
Court
Clerk of superior court (special proceedings), in the county where the adult lives, is domiciled or is an inpatient in a treatment facility.

What guardianship or conservatorship is

What it is called

Guardian of the person, guardian of the estate, general guardian, limited guardian, interim guardian

When a court may appoint one

An 'incompetent adult' lacks sufficient capacity to manage their own affairs or to make or communicate important decisions about their person, family or property, because of mental illness, intellectual disability, epilepsy, cerebral palsy, autism, inebriety, senility, disease, injury or a similar cause. A person is not incompetent if a less restrictive alternative lets them manage. Incompetence must be proved by clear, cogent and convincing evidence.

Law: G.S. 35A-1101(7), 35A-1112(d)

Kinds
  • Guardian of the person
  • Guardian of the estate
  • General guardian (person and estate)
  • Limited guardianship (the ward keeps some rights)
  • Interim guardian (up to 45 days, extendable 45 more)

Law: N.C. Gen. Stat. §§ 35A-1101, 35A-1105, 35A-1112, 35A-1114, 35A-1214

Who can ask, which court and your own choice

Who may ask

Any person, including a relative, friend, health care provider or a state or local human services agency, by a verified petition filed with the clerk.

Law: G.S. 35A-1105

Court

Clerk of superior court (special proceedings), in the county where the adult lives, is domiciled or is an inpatient in a treatment facility. A jury can be requested on competence.

Choosing your own

You can nominate a guardian in a power of attorney or a health care power of attorney (the health care nomination controls for guardian of the person). The clerk follows your most recent nomination except for good cause or disqualification, and gives nominees first priority.

Law: G.S. 32C-1-108(a), 32A-22(b), 35A-1214

Effect on a power of attorney

If a guardian of your estate or general guardian is appointed, your agent must account to the guardian. The power of attorney continues unless the clerk suspends or ends it, or the guardian ends it (for a registered power of attorney, by registering a revocation). A guardian of the person can ask the court to suspend a health care agent's authority for good cause.

Law: G.S. 32C-1-108(b), 32C-1-110; G.S. 32A-22(a)

Cost, fee waiver and forms

Filing fee

$120 filing fee plus $30 for the sheriff to serve the respondent. The clerk decides who pays.

Source: N.C. Judicial Branch guardianship page

Fee waiver

If the respondent is adjudicated incompetent and is indigent, the clerk can waive court costs.

Source: N.C. Judicial Branch guardianship page

Forms
Steps

Steps

Other options and where to report abuse

Less restrictive options
  • Durable power of attorney and health care power of attorney: An adult who understands what they sign names agents for money and health care.
  • Advance directive for natural death (living will) and advance directive for mental health treatment: Written instructions about medical and mental health treatment.
  • Representative payee: A person or agency manages government benefits for someone who cannot.
  • Joint or automatic-payment bank accounts: Accounts set up to help manage money.
  • Special needs trust: Holds money for a person with a disability while keeping needs-based benefits.
  • Home health care and informal support: Help with daily living, budgeting or medication reminders.
  • Supported decision making: A network of trusted people helps the person make their own decisions.
Report abuse or exploitation

Adult Protective Services at the county Department of Social Services (N.C. Department of Health and Human Services)

Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov

Free help in North Carolina

Report abuse or exploitation

Adult Protective Services at the county Department of Social Services (N.C. Department of Health and Human Services)

Questions about powers of attorney in North Carolina

How does guardianship or conservatorship work in North Carolina?

An 'incompetent adult' lacks sufficient capacity to manage their own affairs or to make or communicate important decisions about their person, family or property, because of mental illness, intellectual disability, epilepsy, cerebral palsy, autism, inebriety, senility, disease, injury or a similar cause.

What does a guardianship or conservatorship cost in North Carolina?

$120 filing fee plus $30 for the sheriff to serve the respondent. The clerk decides who pays.

What are the alternatives to guardianship in North Carolina?

Durable power of attorney and health care power of attorney; Advance directive for natural death (living will) and advance directive for mental health treatment; Representative payee; Joint or automatic-payment bank accounts; Special needs trust; Home health care and informal support; Supported decision making.

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