NC Guardianship Forms for a Minor: AOC-E-208 and What Else You Need

Filing for guardianship of a minor in North Carolina uses a specific set of Administrative Office of the Courts (AOC) forms. Unlike custody under Chapter 50 — which requires you to draft a complaint from scratch — Chapter 35A guardianship relies on standardized, fill-in-the-blank forms that are the same in all 100 counties.

Here is every form you'll need, what it does, and when to use it.

The Core Guardianship Forms

AOC-E-208 — Application for Appointment of Guardian for a Minor

This is the primary filing document. It collects the child's information, your relationship to the child, why the child has no natural guardian (for example, both parents are deceased or their parental rights are absent or suspended), and whether you're seeking to be guardian of the person, guardian of the estate, or a general guardian covering both.

AOC-E-208 must be notarized before filing. It is only appropriate when the child has no living natural guardian — if a parent is alive and has not lost parental rights, this form does not apply and the Clerk will reject it. You'd need a Chapter 50 custody action in District Court instead.

AOC-E-211 — Notice of Hearing: Appointment of Guardian

After you file AOC-E-208, the Clerk schedules a hearing. AOC-E-211 is the formal notice sent to every interested party — anyone entitled to know about the guardianship proceeding. North Carolina law requires service on all living parents, guardians, and legal custodians who are not the applicant.

AOC-SP-850 — Responsibilities of Guardians in NC

An informational acknowledgment form. You review it and sign to confirm you understand the legal duties and obligations of a guardian in North Carolina — including annual reporting requirements if you're managing the child's estate.

Fee Waiver Form

AOC-G-106 — Petition to Proceed as an Indigent

If you cannot afford the filing fee ($120) and sheriff service fee ($30 per person served), file AOC-G-106 alongside your guardianship application. You'll provide sworn details about your income, assets, monthly expenses, and any means-tested benefits you receive (Work First, SNAP, Supplemental Security Income).

The Clerk reviews the petition and decides whether to waive your fees. An approved fee waiver covers the filing fee and sheriff service costs. It does not cover private process servers, publication costs for service by publication, or private home evaluation fees.

Standby Guardianship Forms (When a Parent Cooperates)

If a parent wants to designate you as guardian in advance — for instance, because of a serious illness — two additional forms apply:

AOC-E-209 — Petition for Appointment of Standby Guardian for Minor The parent may use this form to petition the court for appointment of a standby guardian. Separately, under N.C. Gen. Stat. § 35A-1374, the parent can execute a written designation naming a standby guardian and alternate in the presence of two qualified adult witnesses; no court filing is required for that designation.

AOC-E-210 — Standby Guardian's Petition for Appointment Filed by you (the designated standby guardian) after the triggering event occurs. You must file the petition within 90 days of activation; otherwise, the authority lapses and can recommence only upon filing.

Where to Get the Forms

All AOC forms are available free from the North Carolina Judicial Branch website (nccourts.gov). Search by form number. Do not pay a third-party site for these forms — they are public documents at no cost.

Common Mistakes with NC Guardianship Forms

• Using AOC-E-208 when a parent is alive and has rights — the Clerk will reject the application. Chapter 35A guardianship requires that the child have no natural guardian.
• Not notarizing — AOC-E-208 requires notarization before filing. An unnotarized application will be returned.
• Skipping the UCCJEA information — if the child has lived in another state within the past five years, the court needs to determine jurisdiction. Chapter 50 filings require AOC-CV-609, and the Clerk may ask about interstate history in Chapter 35A cases too.
• Missing service on a party — every person entitled to notice must be served. If you skip someone, the hearing gets continued.

The Full Form-by-Form Walkthrough

Our North Carolina Guardianship and Custody Court Process Guide covers each form in context — which one to file, how to fill it in, what to attach, and what happens after the Clerk receives it. It includes a document-gathering checklist so nothing gets missed before your trip to the courthouse.

See more North Carolina guides →