Statute 35A

North Carolina General Statutes Chapter 35A addresses incompetency and guardianship. It outlines the legal procedures for determining whether an individual is incompetent and for appointing a guardian to manage that person’s affairs if necessary. The chapter also defines the powers and responsibilities of guardians and provides a process for restoring a person’s competency.

In 2024, North Carolina’s guardianship law underwent significant changes. Petitioners must now demonstrate that less restrictive alternatives (LRAs) were considered and attempted before seeking guardianship, and explain why those alternatives were not sufficient. The updated law also requires that individuals receive notice of their rights both before and after a guardianship is established. Additionally, clerks of court, the judges responsible for making guardianship determinations in North Carolina, have been given expanded tools for monitoring and oversight.