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A guardianship is a continuing relationship. But there are a few specific circumstances under which a guardian's powers would terminate. Specifically, an adult guardianship ends if the ward's competence is restored, the court removes them from the appointment, or upon the death of the ward.
Adult guardianship in North Carolina is the process of having a court declare the person, referred to as the "ward," incompetent, and the court allows someone else, known as the "guardian," to step in and manage their affairs.
In order to become a guardian, you must complete an application with the Clerk of the North Carolina Superior Court in the county of the child's residence. There are also court costs and fees to be paid.
Proceedings to appoint a guardian for an incapacitated adult are commenced by filing a verified petition with the Clerk of Superior Court. G.S. 35A-1105. Upon the filing of a petition, an attorney must be appointed to represent the respondent.
There is a $120 filing fee, as well as a $30 fee for the sheriff to serve the respondent with the petition. The clerk of superior court determines who is responsible for payment of fees and costs.
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.