Guardianship/ Wake County Clerk of Court

Location

Telephone Numbers and Contact Information

Program Details

If you believe someone is unable to manage their own affairs or make their own decisions, you may file a petition before the Clerk of Superior Court to have the person judged incompetent and to have a legal guardian appointed. All forms for this proceeding are available at the Special Proceedings Division, located on the 12th floor of the Wake County Courthouse, and also on the website above. A detailed explanation of the process is available on the website. Briefly, it involves a detailed statement or "petition" saying why you believe the person to be incompetent, notification of relatives, and a court hearing in which evidence is presented. Evidence can include written statements from doctors and testimony from witnesses on both sides. The person is represented by a court-appointed attorney. The Clerk of Superior Court and staff are specifically prohibited by law from giving legal advice or helping prove your case. Additional information is available here: http://www.ncdhhs.gov/aging/adultsvcs/afs_guard.htm

This information is provided as is with no guarantee as to the accuracy of the information. Information is considered to be accurate as of the date of the last update, printed above. Resources for Seniors may not be held liable for misuse of this information.