Jan62026
Guardianship Q&A Series

If both parents are incapacitated, how can our family get a neutral decision-maker appointed to protect them and their finances? – North Carolina

Short Answer

In North Carolina, a family can ask the Clerk of Superior Court to appoint a court-supervised guardian (or, in some situations, approve a limited protective order) for an incapacitated adult. A “neutral” decision-maker is often a disinterested person or a public guardian-type program, depending on what is available locally and what the clerk finds is in the person’s best interest. If a relative is misusing a power of attorney, a guardianship case can also be used to seek court control over finances and, in the right case, limit or suspend an agent’s authority.

Understanding the Problem

When both parents are incapacitated in North Carolina, the key question becomes: can a family ask the court to appoint a neutral person to make decisions and protect money and property, instead of leaving control with a family member who may be misusing authority? The decision point is whether the parents lack capacity to manage personal affairs and/or finances in a way that requires court protection. If the court gets involved, the Clerk of Superior Court can appoint a guardian with defined powers, or approve a limited protective arrangement focused on a specific financial problem.

Apply the Law

North Carolina handles adult incompetency and guardianship through the Clerk of Superior Court. If an adult is adjudicated incompetent, the clerk can appoint a guardian (for the person, for the estate, or a general guardian) and supervise that guardian’s actions. When the main concern is stopping questionable financial activity, the law also allows the clerk, in the right case, to authorize a single protective arrangement or transaction and appoint a temporary guardian or special fiduciary to carry it out, rather than creating a broad, ongoing guardianship.

Key Requirements

  • Proper court proceeding: A petition must be filed in the correct forum so the Clerk of Superior Court has authority to decide incapacity and enter protective orders.
  • Need for protection: The evidence must show the parent cannot adequately manage personal needs and/or finances and needs court protection (not just family disagreement).
  • Best-interest appointment and scope: The clerk appoints a guardian (or approves a limited protective arrangement) based on the incapacitated adult’s best interest, and the clerk can limit powers to what is necessary.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a concern that a relative improperly obtained power of attorney and now has access to bank accounts and credit cards. That fact pattern fits a “need for protection” argument focused on finances: the goal is to stop transactions that do not benefit the incapacitated adults and to put a court-supervised fiduciary in place. If the evidence supports incapacity, the clerk can appoint a guardian of the estate (or a general guardian) to take control of financial decisions, and the clerk can also consider a narrower protective arrangement if the immediate need is to freeze, redirect, or supervise specific transactions.

Process & Timing

  1. Who files: A family member or other interested person. Where: The Office of the Clerk of Superior Court in the county where the parent resides in North Carolina. What: A petition to have the parent adjudicated incompetent and to appoint a guardian, or a request for a limited protective arrangement when that better matches the problem. When: As soon as there is a credible risk of ongoing financial harm or unpaid care needs; timing can matter because transactions can continue while authority remains unchecked.
  2. Hearing and evidence: The clerk schedules proceedings to decide incompetency and what protections are needed. Evidence often includes medical or functional information about capacity and financial information showing risk, unusual withdrawals, new credit activity, or bills going unpaid.
  3. Appointment and supervision: If the clerk finds incompetency, the clerk appoints a guardian with defined powers. If the clerk approves a single protective arrangement, the clerk can appoint a temporary guardian or special fiduciary to complete the authorized steps and report back to the clerk.

Exceptions & Pitfalls

  • Guardianship is not automatic just because a power of attorney exists: The clerk focuses on incapacity and best interest. If the parent still has capacity, the court may not appoint a guardian.
  • “Neutral” does not always mean “non-family”: The clerk can appoint a family member if that serves the incapacitated adult’s best interest, even when another relative objects. Clear evidence of conflict, financial risk, or inability to serve can matter.
  • Overbroad requests can backfire: If the immediate problem is stopping certain transactions, a limited protective arrangement may fit better than a full guardianship. Asking for more power than needed can increase conflict, cost, and delay.
  • Missing documents and unclear asset lists: Banks, investment accounts, and credit cards often require specific documentation. A case moves faster when account statements, suspicious transaction summaries, and known assets and debts are organized early.
  • Health care authority is a separate lane: Financial control and medical decision-making can involve different documents and different court orders. A plan should match the specific authority that needs to be controlled.

Conclusion

In North Carolina, the usual way to get a neutral decision-maker for incapacitated parents is to file an incompetency and guardianship matter with the Clerk of Superior Court and request appointment of a disinterested guardian (or a limited protective arrangement if the need is narrow). The clerk focuses on incapacity, the need for protection, and the parents’ best interest, and can tailor powers to finances and care needs. The next step is to file the petition with the Clerk of Superior Court promptly when financial activity needs to be halted.

Talk to a Guardianship Attorney

If a family is dealing with incapacitated parents and concerns that someone is misusing a power of attorney or draining accounts, our firm has experienced attorneys who can help explain options, prepare the court filings, and focus on timelines and practical protections. 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.

Category: Guardianship Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.