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A guardian is appointed for an adult if the court finds by clear, cogent and convincing evidence that a person alleged to be incompetent lacks sufficient capacity to manage his or her own affairs or to make or communicate important decisions about the person's self, family, or property.

A guardian may be appointed for a child who has been orphaned or because a North Carolina court has determined that it is in the child's best interest to terminate the parental rights of a child's biological parents. These cases often involve child abuse or neglect, drug or alcohol addiction, or parental incapacity.

Typically, a person's next of kin will include the spouse, parents, children, and siblings. The next of kin must be listed in the petition and you must file a notarized Affidavit of Service that a copy of the Notice of Hearing and petition were mailed to each by first-class mail to the address(es) listed.

You must file a complete petition for guardianship with the Clerk of the Superior Court. Immediately following filing this petition, you must properly serve the allegedly incompetent adult, otherwise known as the respondent. You may also need to serve the respondent's closest family members.

Guardianship Salary in North Carolina Annual SalaryMonthly PayTop Earners$160,399$13,36675th Percentile$134,900$11,241Average$110,885$9,24025th Percentile$79,200$6,600

A guardian may be reimbursed from the ward's estate for reasonable expenses incurred in carrying out his duties as guardian. A guardian of the estate or general guardian may also receive a commission set by the clerk from the ward's estate for serving as guardian.