Jan92026
Guardianship Q&A Series

Does it change my rights or ability to help if the person comes to live with me in a different state for part of the year? – North Carolina

Short Answer

Sometimes. If the situation involves a North Carolina guardianship case, the person living in another state part of the year can affect which state’s court has authority to start (or continue) a guardianship, because North Carolina uses “home state” and “significant connection” rules for jurisdiction. If the situation involves acting under a power of attorney, the move usually does not erase an agent’s duties, but it can change which court is most practical for enforcing those duties and what records are easiest to obtain.

Understanding the Problem

In North Carolina guardianship and power-of-attorney disputes, a common question is: can a family member still step in to protect a child or vulnerable person if that person lives with the family member in another state for part of the year? The decision point is jurisdiction—whether North Carolina courts (or another state’s courts) have the authority to hear a guardianship-type case or issue protective orders when the person’s living situation crosses state lines.

Apply the Law

When a guardianship-type court proceeding is needed, North Carolina follows jurisdiction rules that focus on where the person has been physically present for a sustained period (“home state”) and, if there is no clear home state, whether North Carolina has meaningful ties to the person and evidence (“significant connection”). North Carolina courts can also act on a short-term emergency basis in limited situations when the person is physically present in North Carolina. These rules are designed to avoid two states issuing competing orders.

Key Requirements

  • Home state (six-month rule): North Carolina generally has authority to start a guardianship-type case only if North Carolina is the person’s “home state,” meaning the person was physically present here for at least six consecutive months right before the case is filed (including temporary absences).
  • Significant connection (when home state is unclear or declines): If another state is the home state (or there is no home state), North Carolina may still have authority if North Carolina has meaningful ties (family, property, services, records) and the other state does not proceed or declines.
  • Emergency authority is limited: Even without full jurisdiction, North Carolina can sometimes appoint an emergency guardian of the person for a short period when the person is physically present in North Carolina and an emergency exists.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a dispute between two parents who are both named as agents under a child’s power of attorney, with concern that one agent has been transferring money to themself. If the child (or the child’s funds and records) spends part of the year in another state, that split residence can affect whether North Carolina is the best (or even permitted) forum for a guardianship-style court filing aimed at protecting the child’s property. It may also affect how quickly records can be gathered and which state’s institutions and witnesses are easiest to reach, even if the underlying agent duties remain in place.

Process & Timing

  1. Who files: Typically a parent, relative, or other interested person seeking court authority to protect the person or property. Where: In North Carolina, a guardianship/incompetency filing is generally handled through the Clerk of Superior Court (county-specific). What: A petition asking the court to appoint a guardian or issue a protective order; the exact form set can vary by county and case type. When: Jurisdiction is evaluated as of the filing date, including where the person has been physically present for the prior six months.
  2. Jurisdiction check: The court (and the parties) should identify the “home state” and whether another state already has a pending case. If another state is the home state and a case is pending there, North Carolina may have to pause or dismiss, except for limited emergency relief.
  3. Emergency option (if applicable): If the person is physically present in North Carolina and there is an urgent risk of substantial harm, North Carolina may be able to enter a short-term emergency guardianship order (time-limited) while the longer-term case proceeds in the proper state.

Exceptions & Pitfalls

  • Part-year living can shift “home state”: If the person spends enough time in another state, that other state may become the home state for a new filing, which can limit what North Carolina can do beyond emergency orders.
  • Emergency relief is narrow: Emergency authority is temporary and usually focused on immediate health/safety/welfare needs; it is not a substitute for a full case in the correct state.
  • Parallel filings create delays: Filing in two states can trigger mandatory court-to-court communication and stays/dismissals, which can slow down financial protection efforts if money is moving quickly.
  • Power-of-attorney disputes may still need fast documentation: Even when a move does not erase an agent’s duties, delays in obtaining bank records, school records, or medical records across state lines can make it harder to prove what happened and when. Keeping a clean timeline and preserving statements and transaction histories matters.
  • Co-agent conflict is a red flag: When two agents are named and one suspects self-dealing by the other, quick steps to document transactions and clarify authority can prevent misunderstandings and reduce the risk of irreversible transfers. For more on immediate protective steps, see steps to protect finances while out of state and what to do if a co-agent is transferring money to themself.

Conclusion

Yes, living in another state part of the year can change the ability to get a North Carolina guardianship-type court order, because North Carolina generally looks to the person’s “home state” (six consecutive months of physical presence) and, if needed, “significant connection” factors to decide jurisdiction. North Carolina can sometimes act for short-term emergencies when the person is physically present here. The next step is to confirm the person’s home state for the six months before filing and file the appropriate petition with the Clerk of Superior Court in the proper state.

Talk to a Guardianship Attorney

If there is a concern about a co-agent under a child’s power of attorney moving money or making withdrawals without clear justification—especially when the child lives in more than one state during the year—our firm has experienced attorneys who can help explain options, jurisdiction, and timing. 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.