How do I arrange the required bond to serve as guardian for my aunt? – North Carolina

Short Answer

In North Carolina, a bond is required before a guardian of the estate or a general guardian can receive or manage the ward’s money or property. If you live out of state, you must also appoint a North Carolina resident as your process agent. The Clerk of Superior Court sets the bond amount based on assets you will control and will issue your Letters only after the bond and oath are filed.

Understanding the Problem

You want to serve as guardian in North Carolina and need to know how to arrange the court-required bond so you can act. The single decision point is: how to secure and file the bond the Clerk of Superior Court requires before issuing Letters for a guardian who will handle assets. One key fact: you live out of state, which means you must also appoint a North Carolina resident process agent.

Apply the Law

North Carolina distinguishes between a guardian of the person (care decisions), a guardian of the estate (financial decisions), and a general guardian (both). A bond is mandatory before a guardian of the estate or a general guardian can receive the ward’s assets; a resident guardian of the person typically has no bond, but the clerk may require one for a nonresident. The Clerk of Superior Court in the county with venue sets the bond amount, and Letters will not issue until the bond and oath are filed. The trigger is control of money or property; no specific calendar deadline applies, but you cannot act until bonding is complete.

Key Requirements

• Nonresident step: Appoint a North Carolina resident process agent for service before qualification.
• Who must post bond: Anyone serving as guardian of the estate or as a general guardian must post bond before receiving the ward’s assets; guardian of the person usually does not, unless the clerk requires it for a nonresident.
• Amount and basis: The clerk sets the bond based on the value of assets you will control (practically, the focus is on money and liquid personal property; real estate is generally not counted unless sale proceeds will pass through the guardianship).
• Type of security: A corporate surety bond from an insurer authorized in North Carolina is standard; other forms of security may be permitted by statute, but they are less common.
• Adjustments: The clerk can increase or reduce the bond if asset values change or if funds are placed in restricted accounts that require court authorization to withdraw.

What the Statutes Say

• N.C. Gen. Stat. § 35A-1230 (Bond required before receiving property) – A guardian of the estate or general guardian must give sufficient surety before receiving the ward’s property.
• N.C. Gen. Stat. § 35A-1213 (Who may serve; nonresidents; bond) – Nonresident guardians must appoint a resident process agent and may be required to post bond even for guardianship of the person.
• N.C. Gen. Stat. § 35A-1234 (Actions on guardian bonds) – Explains enforcement against the bond if a guardian breaches duties.

Analysis

Apply the Rule to the Facts: Because you live out of state and seek general guardianship (which includes managing assets), you must appoint a North Carolina resident process agent and post a bond in the amount the clerk sets before you can receive any of your aunt’s funds. Expect the clerk to base the bond on liquid assets you will control; if assets are held in restricted accounts that require court approval to withdraw, the clerk may allow a lower bond. Once the bond and oath are filed, the clerk issues Letters so you can act.

Process & Timing

1. Who files: The proposed guardian. Where: Clerk of Superior Court in the North Carolina county with venue. What: After adjudication and appointment, file an Application for Letters of Guardianship (AOC‑E‑206), take the Oath (AOC‑E‑400), designate a North Carolina resident process agent, and submit the clerk’s bond form with a corporate surety. When: Before the clerk issues Letters of Appointment for guardian of the estate or general guardian (you cannot receive assets until bonded).
2. Obtain a corporate surety bond: contact an insurer authorized in North Carolina; provide the court’s bond form, your identification, and any financial information the surety requests; pay the premium. The surety delivers the executed bond for filing; the clerk reviews and approves it.
3. After approval, the clerk issues Letters of Appointment (AOC‑E‑407 for guardian of the estate or general guardian; AOC‑E‑408 for guardian of the person). Use the Letters to access and manage accounts consistent with the court’s order.

Exceptions & Pitfalls

• Guardian of the person only: A North Carolina resident guardian of the person typically does not need a bond; as a nonresident, the clerk may still require one.
• Asset estimates: Underestimating assets can delay issuance of Letters or force a bond increase later. Bring your best estimate of liquid assets the guardian will control.
• Resident process agent: Failure to appoint a North Carolina resident process agent can disqualify a nonresident from serving or delay issuance of Letters.
• Bond form and surety: Many clerks will not accept personal sureties; a corporate surety bond is usually the fastest path to approval.
• Restricted accounts: If appropriate, ask the clerk about using restricted accounts (court‑order withdrawals only) to reduce the bond amount.

Talk to a Guardianship Attorney

If you’re dealing with a North Carolina guardianship and need to arrange the required bond to begin managing 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.