When A Court Appoints A Guardian
G.S. 35A-1112 — clear, cogent, and convincing evidence, before the clerk or a jury
The standard. The respondent is adjudicated incompetent only if the finder of fact, the clerk or a jury, finds it by clear, cogent, and convincing evidence. If incompetence is not found, the clerk dismisses the proceeding.
In North Carolina the adjudication of incompetence comes first, and the appointment of a guardian follows under other sections. Guardians for minors, emergency and temporary appointments, the guardian's duties and reports, and how a guardianship is ended or changed are set out in other sections and are not on this page. Whether a particular person needs a guardian is decided by a court on evidence, and is a question for a licensed North Carolina attorney.
Sources for this section (1)
- G.S. 35A-1112 — Hearing on petition; adjudication order
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed North Carolina attorney.