How do I get guardianship of my adult child who can’t manage daily life skills or money safely? – North Carolina

Short Answer

In North Carolina, guardianship for an adult usually starts by filing an incompetency/guardianship petition with the Clerk of Superior Court in the county where the adult lives. The clerk decides whether the adult lacks capacity to manage personal affairs and/or finances, and if so, appoints a guardian (of the person, of the estate, or a general guardian). Because guardianship can remove important rights, the court process includes notice, an independent evaluation of capacity, and a hearing before any guardian is appointed.

Understanding the Problem

In North Carolina, can a parent become the legal decision-maker for an adult child when the adult child cannot manage daily living tasks or handle money safely? What steps must be taken in the Clerk of Superior Court to have the adult legally found incompetent and to have a guardian appointed to make personal decisions, financial decisions, or both? When medical providers indicate diminished capacity and day-to-day safety is a concern, the decision point is whether a court-ordered guardianship is needed, or whether a narrower court order can address a specific need without a full guardianship.

Apply the Law

North Carolina guardianship for an adult generally requires a court proceeding in front of the Clerk of Superior Court. The clerk can appoint a guardian only after a legal finding that the adult is “incompetent” under North Carolina’s guardianship framework. If the clerk finds incompetency, the clerk then decides what type of guardian fits the person’s needs: a guardian of the person (personal/health and living decisions), a guardian of the estate (money/property decisions), or a general guardian (both). North Carolina law also allows the clerk, in some situations, to approve a single protective arrangement or single transaction without appointing a continuing guardian, when that narrower approach meets the person’s foreseeable needs.

Key Requirements

Proper filing in the right forum: A petition must be filed with the Clerk of Superior Court in the county where the adult resides, using the court’s guardianship process and required forms and notices.
Proof of diminished capacity affecting decision-making: The evidence must show the adult cannot manage important personal affairs and/or finances in a way that is safe and consistent with their needs.
Least-restrictive fit: The clerk should tailor the outcome to what is needed—guardian of the person, guardian of the estate, general guardian, or (in some cases) a single protective arrangement instead of an ongoing guardianship.

What the Statutes Say

N.C. Gen. Stat. § 35A-1121 (Single protective arrangement or single transaction) – Allows the clerk, in some cases, to authorize a one-time protective arrangement or transaction without appointing a continuing guardian.
N.C. Gen. Stat. § 108A-105 (Protective services for disabled adults) – Allows a county agency to seek a court order for protective services when a disabled adult is abused, neglected, or exploited and lacks capacity to consent; includes a hearing timeline and later review for possible Chapter 35A guardianship.

Analysis

Apply the Rule to the Facts: The facts describe an adult child with significant functional limitations affecting money management, hygiene/laundry, and safety/independence, with medical providers indicating diminished capacity. Those facts typically line up with the need to ask the Clerk of Superior Court to decide whether the adult can manage personal affairs, finances, or both. Because the adult child receives disability-related benefits and the parent is also pursuing representative payee status, the clerk may focus on whether financial risks require a guardian of the estate (or general guardian), or whether a narrower court order could address a specific financial transaction or arrangement without a full guardianship.

Process & Timing

Who files: Usually a parent or other interested person. Where: The Office of the Clerk of Superior Court in the county where the adult child resides in North Carolina. What: A petition to have the adult adjudicated incompetent and to appoint a guardian (the clerk’s office typically provides the local filing packet and required forms). When: File as soon as there is an ongoing safety or financial risk; timing can matter if bills, benefits, or care decisions cannot be handled safely without legal authority.
Evaluation and notice: The process generally includes formal notice to required parties and an evaluation of the adult’s capacity. The adult has important rights in the case, and the court process is designed to ensure the decision is based on evidence, not just family disagreement.
Hearing and appointment: The clerk holds a hearing to decide incompetency and, if appropriate, appoints the type of guardian that matches the needs (person, estate, or general). If the clerk appoints a guardian of the estate or general guardian, the guardian typically must follow court rules for handling and reporting on money and property.

Exceptions & Pitfalls

Guardianship may be broader than necessary: If the main issue is a specific transaction or arrangement (for example, setting up a structured way to pay for care), the clerk may be able to authorize a single protective arrangement under North Carolina law rather than appointing a continuing guardian.
Representative payee is not the same as guardianship: Being a representative payee can help manage certain benefit payments, but it usually does not grant broad authority over other income, contracts, bank accounts, or legal decisions. Families often discover they still cannot sign key documents without a court order.
Capacity can be issue-specific: A person may struggle with money management but still be able to participate in some personal decisions. Asking for a general guardianship when a narrower appointment would work can create avoidable conflict and delay.
Notice and service problems: Guardianship cases can stall if required relatives are not identified, addresses are missing, or service is not completed correctly. Careful preparation of the petition and contact information helps prevent continuances.
Protective services is a different track: A protective-services case under Chapter 108A does not automatically decide incompetency for guardianship. It can, however, trigger a later review about whether a Chapter 35A guardianship petition should be filed.

Conclusion

In North Carolina, getting guardianship of an adult child generally requires filing an incompetency/guardianship petition with the Clerk of Superior Court in the county where the adult lives and proving the adult cannot manage personal affairs and/or finances safely. If the clerk finds incompetency, the clerk can appoint a guardian of the person, guardian of the estate, or a general guardian, depending on what is needed. The next step is to file the guardianship petition with the Clerk of Superior Court and complete the required notice and evaluation steps promptly.

Talk to a Guardianship Attorney

If a family is dealing with an adult child who cannot manage daily living skills or money safely, an attorney can help explain the guardianship process, prepare the petition, and plan for the least-restrictive option that fits the situation. 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.