(a) The General Assembly of North Carolina recognizes that:
(1) Some minors and incompetent persons, regardless of where they are living, require the assistance of a guardian in order to help them exercise their rights, including the management of their property and personal affairs.
(2) Incompetent persons who are not able to act effectively on their own behalf have a right to a qualified, responsible guardian.
(3) The essential purpose of guardianship for an incompetent person is to replace the individual's authority to make decisions with the authority of a guardian when the individual does not have adequate capacity to make such decisions.
(4) Limiting the rights of an incompetent person by appointing a guardian for him should not be undertaken unless it is clear that a guardian will give the individual a fuller capacity for exercising his rights.
(5) Guardianship should seek to preserve for the incompetent person the opportunity to exercise those rights that are within his comprehension and judgment, allowing for the possibility of error to the same degree as is allowed to persons who are not incompetent. To the maximum extent of his capabilities, an incompetent person should be permitted to participate as fully as possible in all decisions that will affect him.
(6) Minors, because they are legally incompetent to transact business or give consent for most purposes, need responsible, accountable adults to handle property or benefits to which they are entitled. Parents are the natural guardians of the person of their minor children, but unemancipated minors, when they do not have natural guardians, need some other responsible, accountable adult to be responsible for their personal welfare and for personal decision-making on their behalf.
(7) For adults, guardianship should always be a last resort and should only be imposed after less restrictive alternatives have been considered and found to be insufficient to meet the adult's needs.
(8) The filing of regular status reports by the guardian of the person or general guardian concerning the conditions and welfare of an incompetent person is encouraged and should be required whenever appropriate.
(b) The purposes of this Subchapter are:
(1) To establish standards and procedures for the appointment of guardians of the person, guardians of the estate, and general guardians for incompetent persons and for minors who need guardians;
(2) To specify the powers and duties of such guardians;
(3) To provide for the protection of the person and conservation of the estate of the ward through periodic accountings and reports; and
(4) To provide for the termination of guardianships. (1987, c. 550, s. 1; 2023-124, s. 7.8.)
Notes of Decisions
Cited in
17
cases (
6 in the last 5 years), 1996–2025 · leading case:
Whitman v. Kiger, 533 S.E.2d 807 (N.C. Ct. App. 2000).
Whitman v. Kiger, 533 S.E.2d 807 (N.C. Ct. App. 2000).
· cites it 6× “2d 87, 89 (1986) (“a father has a duty to support his uneman-cipated minor children”), and N.C.G.S. § 35A-1201(a)(6) (1999) (“[mjinors, because they are legally incompetent to .”
In re L.B., 653 S.E.2d 240 (N.C. Ct. App. 2007).
· cites it 2× “" N.C. Gen.Stat. § 35A-1201(a)(3) (2005) (emphasis added).”
Matter of Jurga, 472 S.E.2d 223 (N.C. Ct. App. 1996).
· cites it 4× “G.S. §§ 35A-1201(a)(6), 35A-1201(b)(l), and 35A-1203(a).”
State v. Young, 535 S.E.2d 380 (N.C. Ct. App. 2000).
· cites it 2× “” N.C. Gen. Stat. § 35A-1201(a)(3) (1999). Thus, we know that in order for defendant to have been adjudicated incompetent by a court of this state and his mother appointed his guardian, the court must have found that defendant either (1) lacked sufficient capacity to manage his…”
In re P.D.R., 737 S.E.2d 152 (N.C. Ct. App. 2012).
· cites it 2× “” N.C. Gen. Stat. § 35A-1201(a)(3) (2011). With respect to the “diminished capacity” prong, this Court has noted with respect to the identically-worded statute governing appointment of a GAL in abuse, neglect, and dependency proceedings: The phrase “diminished capacity,” which…”
In re Higgins, 587 S.E.2d 77 (N.C. Ct. App. 2003).
· cites it 2× “N.C. Gen. Stat. § 35A-1201(a) (2001). As the guardian helps the individual exercise their rights and makes decisions that the individual would otherwise make, a guardian is essential only while the individual is still alive.”
Simmons v. Just., 87 F. Supp. 2d 524 (W.D.N.C. 2000).
· cites it 2× “N.C. Gen.Stat. § 35A-1201, et seq. Application for appointment as a guardian for a minor is made to the Clerk of Superior Court.”
In re: A.H-G. (N.C. Ct. App. 2025).
· cites it 4× “2 Further, “[t]o the maximum 2 While section 35A-1201(a) refers to guardians and not GALs, we find the statute instructive here as GALs function in a more limited scope and duration than a guardian.”
In Re Lb, 653 S.E.2d 240 (N.C. Ct. App. 2007).
· cites it 2× “" N.C. Gen.Stat. § 35A-1201(a)(3) (2005) (emphasis added).”
Burrell v. Polk Cnty. (W.D.N.C. 2025).
· cites it 3× “27, 2019); see also N.C.G.S. § 35A-1201(a)(6) (“[p]arents are the natural guardians of the person of their minor children…”).”
Epic Games, Inc. v. C.B. (E.D.N.C. 2019).
· cites it 2× “N.C. Gen. Stat. § 35A-1201(a)(6) (“The General Assembly of North Carolina recognizes that: .”
— N.C. Gen. Stat. § 35A-1201(a) — 2 cases
In re Higgins, 587 S.E.2d 77 (N.C. Ct. App. 2003).
“N.C. Gen. Stat. § 35A-1201(a) (2001). As the guardian helps the individual exercise their rights and makes decisions that the individual would otherwise make, a guardian is essential only while the individual is still alive.”
In re: A.H-G. (N.C. Ct. App. 2025).
“2 Further, “[t]o the maximum 2 While section 35A-1201(a) refers to guardians and not GALs, we find the statute instructive here as GALs function in a more limited scope and duration than a guardian.”
— N.C. Gen. Stat. § 35A-1201(a)(3) — 6 cases
In re L.B., 653 S.E.2d 240 (N.C. Ct. App. 2007).
“" N.C. Gen.Stat. § 35A-1201(a)(3) (2005) (emphasis added).”
State v. Young, 535 S.E.2d 380 (N.C. Ct. App. 2000).
“” N.C. Gen. Stat. § 35A-1201(a)(3) (1999). Thus, we know that in order for defendant to have been adjudicated incompetent by a court of this state and his mother appointed his guardian, the court must have found that defendant either (1) lacked sufficient capacity to manage his…”
In re P.D.R., 737 S.E.2d 152 (N.C. Ct. App. 2012).
“” N.C. Gen. Stat. § 35A-1201(a)(3) (2011). With respect to the “diminished capacity” prong, this Court has noted with respect to the identically-worded statute governing appointment of a GAL in abuse, neglect, and dependency proceedings: The phrase “diminished capacity,” which…”
In Re Lb, 653 S.E.2d 240 (N.C. Ct. App. 2007).
“" N.C. Gen.Stat. § 35A-1201(a)(3) (2005) (emphasis added).”
— N.C. Gen. Stat. § 35A-1201(a)(5) — 1 case
In re: A.H-G. (N.C. Ct. App. 2025).
“2 Further, “[t]o the maximum 2 While section 35A-1201(a) refers to guardians and not GALs, we find the statute instructive here as GALs function in a more limited scope and duration than a guardian.”
— N.C. Gen. Stat. § 35A-1201(a)(6) — 8 cases
Matter of Jurga, 472 S.E.2d 223 (N.C. Ct. App. 1996).
“G.S. §§ 35A-1201(a)(6), 35A-1201(b)(l), and 35A-1203(a).”
Whitman v. Kiger, 533 S.E.2d 807 (N.C. Ct. App. 2000).
“2d 87, 89 (1986) (“a father has a duty to support his uneman-cipated minor children”), and N.C.G.S. § 35A-1201(a)(6) (1999) (“[mjinors, because they are legally incompetent to .”
Burrell v. Polk Cnty. (W.D.N.C. 2025).
“27, 2019); see also N.C.G.S. § 35A-1201(a)(6) (“[p]arents are the natural guardians of the person of their minor children…”).”
Epic Games, Inc. v. C.B. (E.D.N.C. 2019).
“N.C. Gen. Stat. § 35A-1201(a)(6) (“The General Assembly of North Carolina recognizes that: .”
— N.C. Gen. Stat. § 35A-1201(a)(6)(1999) — 1 case
Whitman v. Kiger, 533 S.E.2d 807 (N.C. Ct. App. 2000).
“2d 87, 89 (1986) (“a father has a duty to support his uneman-cipated minor children”), and N.C.G.S. § 35A-1201(a)(6) (1999) (“[mjinors, because they are legally incompetent to .”
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