Guardian ad Litem
North Carolina Chapter 35A
When a petition alleges that an adult is incompetent, the court appoints a Guardian ad Litem for that adult. Clerks in North Carolina appoint me to that role, and I carry live files continuously.
The work is going to people’s homes. It is finding out what someone actually wants when everyone around them has already decided. It is the difference between what a person cannot do and what a person is simply doing differently from how a family would prefer. It is writing a recommendation a clerk will rely on and a person will have to live inside.
It is also where everything I say from a podium comes from. I am not describing the profession from outside it.
Appointments come from the court
I cannot accept referrals to this role, and a petitioner cannot retain a Guardian ad Litem. If you are a family member facing a guardianship matter, speak to an attorney in your county.
Guardian ad litem or guardian?
People often mix these up. They are different jobs.
A guardian ad litem is a lawyer appointed for one court case. When someone asks the court to declare an adult incompetent in North Carolina, the Clerk of Superior Court appoints a guardian ad litem for that adult. That is my role. I meet the person and find out what they want. I make sure the court hears it, in their own words. If I believe their best interests differ from what they want, I can tell the court that too. I also look at whether the proposed guardian is the right person. If the person wants to engage their own attorney, that is their right.
A guardian makes decisions for someone. A guardian is appointed only if the court decides one is needed. Depending on the court’s order, a guardian may make decisions about the person’s care and where they live, about their money and property, or about both. Guardians act under the Clerk’s oversight.
What I don’t do. As guardian ad litem, I don’t make decisions for the person I represent, and I don’t manage their money, care or housing. I don’t represent family members, the petitioner or the proposed guardian, and I can’t give them legal advice.
If you have had a letter from me, the court has appointed me in a case about you or someone close to you. You are welcome to call me at (845) 216-3098.
Drafted with AI assistance (Claude). The thinking, judgment, and final edit are mine.