How to Complete NC Form AOC-SP-207: Proof of Service in Guardianship

What AOC-SP-207 Is and Why It Matters

After you file a petition for incompetency and guardianship in NC, you must serve notice on specific people — and then prove to the court that you did it. Form AOC-SP-207 is the document you use to report back to the clerk: who was served, how, and when.

Without a properly completed return of service, your hearing cannot move forward. Clerks will not schedule an interim or full hearing until service is confirmed.

Who Must Be Served

G.S. 35A-1109 governs who must receive notice of a guardianship petition. The required recipients are:

Always required:

  • The respondent (the person the petition is about) — must be served personally, not by mail
  • The respondent's spouse, if married and living with the respondent or if the respondent is not in a family member's home
  • Any person who has care or custody of the respondent
  • Any person named in the petition as a next of kin or interested party

Required when applicable:

  • The Department of Social Services of the county, if the respondent is in a county or district facility
  • Any legal representative of the respondent (existing guardian, trustee, or attorney)
  • Any person holding a health care power of attorney for the respondent
  • The Veterans Administration, if the respondent is a veteran receiving VA benefits

The short answer to "do I list everyone or just next of kin?": You list everyone who was served. The form asks you to document each person served, the method of service, and the date. If you served five people, you list five entries.

Methods of Service

Service on the respondent must be personal — a sheriff or other authorized process server must hand-deliver the notice directly to the respondent. Mailing is not sufficient for the respondent.

Service on other required parties may generally be accomplished by:

  • Personal delivery
  • Sheriff's service
  • Certified mail, return receipt requested (for parties other than the respondent)

The clerk's office can confirm which methods they accept for parties other than the respondent — practices can vary slightly by county.

Completing the Form: Field by Field

Case caption: Enter the county, case name (In the Matter of [Respondent Name]), and the file number assigned when you filed the petition.

Service entries: For each person served, you or the process server will enter:

  • Name of the person served
  • Relationship to respondent (spouse, adult child, care facility, etc.)
  • Date of service
  • Method of service (personal, certified mail, sheriff)
  • If sheriff service: the deputy's name and county

Sheriff's return section: If you used the sheriff's office, the deputy completes and signs this section. You cannot complete this section yourself.

Certification: The person filing the form certifies under penalty of perjury that the information is accurate.

Common Mistakes That Delay Hearings

Serving by mail only — including the respondent. Personal service on the respondent is mandatory under G.S. 35A-1109. A certified mail attempt on the respondent is not sufficient.

Omitting people listed in the petition. If you listed five adult children in your petition as next of kin, all five are entitled to notice. Serving only one or two will create problems at the hearing.

Not listing the spouse. Spouses of the respondent must receive notice even if you believe the spouse is part of the problem. The spouse is a required party.

Returning a blank or incomplete form. Some petitioners confuse filing the petition with completing service. Service is a separate step that happens after filing.

Using the wrong form. Make sure you have the current version of AOC-SP-207 from the NC Administrative Office of the Courts website (nccourts.gov). Forms are updated periodically.

When Service Cannot Be Completed

If you cannot locate a required party, or if the respondent evades personal service, you have options:

  • Service by publication: If a party's address is unknown after diligent search, service by publication in a newspaper of general circulation in the county may be permitted. This requires a court order.
  • Waiver of service: A party may sign a waiver of service, acknowledging they received notice and do not need to be served formally. These waivers are attached to the return of service form.

If the respondent themselves evades service, contact the clerk's office. The court has tools to address this, including ordering the sheriff to make additional attempts or, in some cases, approving alternative service methods.

After You File the Return

Once you file the completed AOC-SP-207 with the clerk, the clerk's office will review service for completeness. If service is proper, the clerk will schedule the hearing. If there are deficiencies, the clerk will notify you of what needs to be corrected.

Keep a copy of everything — the filed petition, the notice documents, any waiver forms, and the completed return of service.

The information on this page is for educational purposes only and does not constitute legal advice. Learn more about ElderAdvocate.law.