How to Complete AOC-SP-200: A Plain-Language Field Guide

AOC-SP-200 is the official North Carolina form for filing a petition to declare someone incompetent and appoint a guardian. It can look intimidating, but most fields have a clear purpose. This guide walks through each section in plain language.

The form is available at nccourts.gov. Search for "SP-200" under forms.

Before You Start

Who can file: Any person with a legitimate interest in the respondent's welfare can file a SP-200 petition. This includes family members, friends, DSS workers, and medical professionals.

Where to file: File with the Clerk of Superior Court in the county where the respondent currently lives or is present.

What else you'll need: You will almost always need to file a supporting affidavit along with the SP-200. The form asks what relief you want — the affidavit is where you explain the facts. If you are also requesting interim (emergency) guardianship, file AOC-SP-198 at the same time.

Section 1: Identifying Information

Name of the Respondent The person you are seeking guardianship for. Use their full legal name.

County of Respondent's Residence This determines which court has jurisdiction. Use the county where they currently live, not where they were born or used to live.

Petitioner's Name and Relationship Your name and your relationship to the respondent (adult child, sibling, spouse, DSS worker, etc.).

Section 2: Basis for the Petition

This section asks you to check which type of incompetency you are alleging:

Incompetent adult — a person 18 or older who lacks sufficient capacity to manage their own affairs or make responsible decisions
Incompetent adult by reason of mental illness
Incompetent adult by reason of intellectual disability or developmental disability

Check the box that matches the respondent's situation. For most elder care situations, the first box is appropriate.

Section 3: Description of the Respondent's Condition

This is a narrative section. Describe, in plain language:

The respondent's medical diagnosis or condition (if known)
How that condition affects their ability to manage their own affairs
Specific examples of decisions or behaviors that demonstrate they cannot manage independently

Be concrete and factual. This is not the place for conclusions or opinions — just describe what you have observed or what medical professionals have told you.

Example: "Respondent was diagnosed with Alzheimer's disease in [year]. She no longer recognizes family members, cannot manage medications without full assistance, and on multiple occasions has signed documents she did not understand. She recently gave a neighbor her debit card and PIN number. Her treating physician has stated in writing that she lacks capacity to manage financial decisions."

Section 4: Relief Requested

Check the type of guardian you are requesting:

Guardian of the Person — authority over personal and health care decisions
Guardian of the Estate — authority over financial decisions
General Guardian — authority over both

For most situations involving significant incapacity, you will check General Guardian. If the respondent has cognitive capacity but physical limitations only, Guardian of the Person alone may be appropriate.

Section 5: Proposed Guardian

Identify who you are proposing to serve as guardian. This is usually the petitioner, but can be another qualified person.

Provide:

Full legal name
Relationship to the respondent
Address and contact information
A brief statement of why this person is qualified to serve

If you are proposing yourself, briefly state your relationship and your practical ability to serve — proximity, availability, familiarity with the respondent's situation.

Section 6: Existing Legal Documents

The form asks whether the respondent has any existing powers of attorney, advance directives, or other legal documents that currently govern their affairs.

List any that exist, including:

Durable power of attorney (financial)
Health care power of attorney
Living will
Existing representative payee arrangements
Any active trusts

This information helps the court evaluate whether guardianship is needed or whether existing arrangements are adequate. If existing arrangements are inadequate or are being abused, address that in your affidavit — don't leave this section blank and hope the court figures it out.

Section 7: Financial Information

The form asks for a general description of the respondent's assets and income. You don't need a precise accounting at this stage — the point is to help the court understand whether bonding (financial security) will be required for the guardian of the estate.

Approximate values are acceptable. Indicate:

Real estate (home, other property)
Bank accounts (approximate balance)
Retirement accounts or investments
Regular income sources (Social Security, pension, retirement)
Outstanding debts or obligations

Section 8: Signature and Verification

Sign the petition. In North Carolina, the petition must be verified — meaning you sign under oath that the facts are true to the best of your knowledge. You'll typically sign in front of the Clerk or a notary.

Providing false information in a verified petition is a criminal offense.

After Filing

After you file the SP-200:

The Clerk will assign a case number and set a hearing date. In most counties, the full hearing is scheduled 45–90 days out.
A Guardian ad Litem will be appointed — an independent person to investigate and represent the respondent's interests.
Service of process must be completed — the respondent and certain family members must be formally notified of the petition.
If you filed SP-198 for interim guardianship, the Clerk will schedule that hearing first, usually within days to a couple of weeks.

Getting Help

The Clerk's office can explain the filing process and provide forms. They cannot give you legal advice. If the situation is contested, complex, or involves significant assets, an elder law or guardianship attorney will help you present the strongest petition.

The information on this page is for educational purposes only and does not constitute legal advice. Please consult a licensed North Carolina attorney for guidance specific to your situation. Learn more about ElderAdvocate.law.

County-by-County Variation in Clerk's Office Practices

The AOC-SP-200 form and the guardianship process it initiates are governed by statewide statute — but the experience of filing varies meaningfully from one county to another. NC has 100 counties, each with its own clerk of superior court and their own operational practices.

What varies by county:

Filing counter hours and protocols: Some counties allow in-person filing with same-day review; others require advance appointments.
Review of the petition before docketing: Some clerks' offices do an informal review of the petition at the counter and flag obvious problems before accepting it; others accept and docket, then issue deficiency notices later.
Interim hearing scheduling: The timeline from filing to an interim hearing appointment varies. High-volume counties (Mecklenburg, Wake, Guilford, Durham) may have longer wait times than smaller counties.
Ex parte emergency procedures: When immediate action is needed, the process for requesting an ex parte emergency appointment of a guardian varies by county. In some counties, this requires a separate motion filed before the clerk or a duty judge; in others, the procedure is different. Calling the clerk's office before you file is worth doing in urgent situations.
Local forms and cover sheets: Some counties have local cover sheets or tracking forms required in addition to the standard AOC forms. Ask at the filing counter whether there are any local requirements.

Guilford County note: The Guilford County Clerk of Superior Court is one of the higher-volume guardianship courts in NC and has established procedural practices around interim hearings and notice requirements. If you are filing in Guilford County, contact the clerk's office directly about their current procedures for emergency and interim guardianship matters.

Wake and Mecklenburg Counties: Due to volume, families filing in these counties may experience longer scheduling timelines for hearings. For urgent situations, this makes the ex parte emergency guardian provisions of G.S. 35A-1114 more relevant — consult an attorney about whether the facts support an ex parte motion.

The bottom line: Before you file, call the clerk's office in your county, explain that you are filing for incompetency and guardianship, and ask whether there are any local procedures or requirements you should know about. This five-minute call can save significant delay.