When a loved one can no longer make safe or informed decisions, you may need legal authority to help them. You need to know how to declare someone incompetent so that you can legally step in.
However, declaring someone incompetent in North Carolina is a serious judicial process with many complex steps. It is designed to protect their well-being while respecting their rights.
The court doesn’t take this decision lightly. You must show clear evidence that the person cannot manage their affairs due to a mental or physical condition.
The process involves:
- Filing a legal petition
- Providing medical or other proof
- Attending a court hearing
If approved, a guardian is appointed to make decisions on their behalf.
Understanding each step can help you navigate this emotional situation with confidence. Let’s break it down so you know what to expect.
When Someone Struggles With Personal, Medical, and Financial Decisions
Recognizing the Signs of Diminished Mental Capacity
If a loved one is suddenly making poor decisions about their finances, medical care, or daily life, you may wonder if they have the ability to make responsible decisions.
Mental illness, developmental disability, or cognitive decline can impact someone’s ability to appreciate financial information, communicate decisions, or understand the consequences of their actions.
Signs of diminished mental capacity can include:
- Making irresponsible or foolish decisions about money or healthcare
- Forgetting to pay bills or manage financial affairs in a consistent manner
- Being unable to make important medical or legal decisions in a reasonable way
- Signing legal documents without understanding their effect
- Living in an unsafe environment due to poor decision-making
If a person’s ability to make sound decisions is compromised, the law provides ways to step in and protect them.
When Does a Court Declare Someone Incompetent?
A court declares someone legally incompetent when it is determined that the person lacks sufficient mental capacity to manage their own decisions.
In North Carolina, incompetence is a legal determination, not a medical one. Just because someone makes foolish decisions or needs help managing financial and medical decisions, that does not necessarily mean they are legally incompetent.
A person is declared incompetent only if they cannot make reasonable decisions for their health, safety, or financial affairs.
The court looks at whether less restrictive alternatives—such as powers of attorney—can meet the person’s needs before granting a complete guardianship.
At Hopler, Wilms, and Hanna, we are committed to helping you establish the right legal protections for those who need them most. Whether you are seeking full guardianship or exploring less restrictive alternatives, we provide the guidance you need.
Call us today at (919) 244-2019 or get in touch online to discuss your situation and take the next step in securing your loved one’s future.
Legal Process to Have Someone Declared Incompetent
Declaring someone incompetent is a complicated process that requires legal action. A family member or concerned party must file a petition with the court, presenting evidence of the person’s inability to manage their affairs.
The court process typically involves:
- Filing a formal petition for incompetency
- Appointing a guardian ad litem to protect the individual’s best interests
- Reviewing medical and financial information to assess the person’s ability to make decisions
- Holding a court hearing where evidence of the person’s incompetence is presented
If the court finds that the person is incompetent, it will appoint a guardian to manage their financial, medical, and personal decisions. The person who is declared legally incompetent is called the “ward.”
Less Restrictive Alternatives to Guardianship
Guardianship is one of the most restrictive alternatives for managing someone’s affairs. The law prefers less restrictive alternatives when possible, allowing the person to retain some level of independence.
Options that may avoid a complete guardianship include:
- Power of attorney – A legal instrument that allows a trusted person to make financial or medical decisions on behalf of someone who cannot manage their own affairs
- Healthcare directives – Documents that outline important medical decisions if the person cannot communicate decisions in the future
Each option depends on the person’s mental capacity at the time of signing. If the person signing lacks the ability to understand the proper execution of these legal instruments, a court may need to intervene.
Ensuring the Best Interests of a Loved One
Deciding to pursue legal incompetence for a family member is never easy. The goal is always to create a safe environment where they receive proper care while maintaining as much independence as possible.
North Carolina law provides safeguards to ensure that a person is not declared incompetent simply because they make decisions others may not agree with.
If you are facing this difficult decision, working with a guardianship and elder law attorney can help you navigate the legal process and find the best path forward for your loved one.
Need Help With the Incompetency and Guardianship Process?
At Hopler, Wilms, and Hanna, We Guide You Through Every Step
When a loved one can no longer manage their own affairs, you may feel overwhelmed by the legal process. Whether you need to establish guardianship for a minor, an aging parent, or an adult with disabilities, we help you navigate North Carolina’s guardianship laws with confidence.
Our team understands that every guardianship case is unique. We take the time to assess your situation, explain your legal options, and help you determine the best path forward.
Understanding Your Guardianship Options
The law offers different types of guardianship, depending on the level of assistance your loved one needs. We help you explore:
- Guardianship for a minor’s inheritance – If a minor inherits assets, such as life insurance benefits or real estate, the court may require a guardian to manage these funds responsibly.
- Adult guardianship – When an adult loses the ability to make responsible decisions due to illness, injury, or age, a guardian may be necessary to ensure their well-being.
- Disability guardianship – For individuals with intellectual or developmental disabilities who cannot manage their own affairs, guardianship provides legal protection while preserving their dignity.
Understanding which option fits your situation is key to protecting your loved one’s best interests.
What to Expect During the Legal Process
The incompetency and guardianship process involves multiple steps, and each case requires careful attention to legal details. We help you with:
- Filing a petition – This starts the process of declaring someone legally incompetent and requesting guardianship.
- Guardian ad litem involvement – The court appoints a neutral party to investigate and ensure the individual’s rights are protected.
- Medical and financial review – You may need to provide documentation showing that your loved one cannot manage their own affairs.
- Court hearings – A judge reviews the evidence and decides whether guardianship is necessary.
We handle the legal complexities so you can focus on caring for your loved one.
Let’s Secure a Safe Future for Your Loved One
At Hopler, Wilms, and Hanna, we are committed to helping you establish the right legal protections for those who need them most.
Whether you are seeking full guardianship or exploring less restrictive alternatives, we provide the guidance you need.
Call us today at (919) 244-2019 or get in touch online to discuss your situation and take the next step in securing your loved one’s future.