Short Answer

No. In North Carolina, a guardian of the person makes care decisions and does not automatically have authority over money or property. To manage finances, you must be appointed separately as guardian of the estate or appointed as a general guardian (which combines both roles). Financial authority begins only after you qualify, post any required bond, and the Clerk issues Letters of Guardianship.

Understanding the Problem

You were appointed in North Carolina as guardian of the person and want to know if that appointment lets you handle the individual’s bank accounts, income, or property. The specific question is: can you manage finances now or must you seek appointment as guardian of the estate (or general guardian) from the Clerk of Superior Court?

Apply the Law

North Carolina recognizes three types of guardians: guardian of the person (care decisions), guardian of the estate (money and property), and general guardian (both). Appointment to one type does not confer the others. The Clerk of Superior Court oversees guardianships and issues Letters of Guardianship after the fiduciary qualifies, including posting bond when required. A guardian of the estate or general guardian must safeguard assets, follow the court’s order, and file inventories and periodic accountings. Certain transactions may require prior court approval.

Key Requirements

• Correct appointment: Financial authority requires appointment as guardian of the estate or general guardian; a guardian of the person alone cannot control assets.
• Qualification and bond: Before Letters issue, you must qualify and post any bond the Clerk requires to protect the ward’s property.
• Letters of Guardianship: Banks and third parties generally require Letters; authority to act begins when Letters are issued.
• Fiduciary duties and court oversight: You must safeguard funds, keep them separate, and follow the court’s order; initial inventory and periodic accountings are required.
• Court approvals for major actions: Sales or encumbrances of real property and certain other transactions may need prior court approval.

What the Statutes Say

• North Carolina Gen. Stat. § 35A-1202 (Definitions) — Defines key guardianship terms and roles.
• North Carolina Gen. Stat. § 35A-1241 (Powers and duties of guardian of the person) — Care, custody, and personal decision-making; not financial control.
• North Carolina Gen. Stat. § 35A-1251 (Powers and duties of guardian of the estate) — Management of an incompetent adult’s money and property, subject to court oversight.
• North Carolina Gen. Stat. § 35A-1252 (Powers and duties; minor’s estate) — Authority over a minor’s assets when appointed as guardian of the estate or general guardian.

Analysis

Apply the Rule to the Facts: Because a guardian of the person does not have asset authority, you need a separate appointment as guardian of the estate or a combined appointment as general guardian before you can access funds, pay bills from the ward’s accounts, or manage property. Once appointed and qualified, the Clerk will issue Letters of Guardianship, which you will use to act with banks and others.

Process & Timing

1. Who files: The current guardian of the person or another interested party. Where: Clerk of Superior Court (Special Proceedings) in the county where the ward resides. What: A petition to expand or modify the guardianship or a petition for appointment as guardian of the estate/general guardian (see AOC guardianship forms such as AOC‑SP‑200 on nccourts.gov). When: File as soon as financial management is needed; the Clerk sets hearing dates.
2. After the hearing, if appointed to handle the estate, you must qualify. Expect to sign an oath, post any required bond, and receive instructions on inventories and accountings. Timing varies by county but often occurs shortly after the order.
3. Once you qualify, the Clerk issues Letters of Guardianship. Use the Letters to marshal assets, open a fiduciary account, and meet inventory and reporting deadlines set by statute and your order.

Exceptions & Pitfalls

• A guardian of the estate does not have custody; only a guardian of the person or general guardian has custody rights. Do not conflate care authority with financial control.
• Acting without Letters or before posting bond is a common mistake; third parties may refuse to honor your requests, and you risk liability.
• The Clerk can limit powers in the order; read it closely. Some transactions (like selling real estate) may require prior court approval.
• Mixing funds is prohibited. Keep a separate fiduciary account and maintain records for required inventories and accountings.
• If only small funds are involved, alternatives (for example, funds held by the Clerk in limited situations) may apply; procedures and thresholds vary.

Talk to a Estate Planning Attorney

If you’re navigating North Carolina guardianship and need authority to manage a loved one’s finances, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney–client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.