Jan212026
Guardianship Q&A Series

Can I become guardian if my relative is in a nursing facility and I’m not currently in charge of their bank accounts? – North Carolina

Short Answer

Yes. In North Carolina, a family member can still be appointed as guardian even if someone else currently handles the relative’s bank accounts or no one formally does. The key issue is whether the relative is legally “incompetent” and whether the clerk of superior court finds the proposed guardian is qualified and appropriate for the role. If appointed as a general guardian (person and estate), the guardian can then obtain legal authority to manage care decisions and finances going forward.

Understanding the Problem

In North Carolina guardianship cases, the question is often: can a family member ask the clerk of superior court to appoint a guardian for an elderly relative in a long-term care facility when the family member does not currently control the relative’s bank accounts? The decision point is whether the clerk can appoint a guardian of the person and a guardian of the estate (or a single general guardian) after an incompetency determination, even when the applicant has not previously been managing money. This comes up frequently when severe dementia affects decision-making, and the family wants to keep the relative in the current facility while ensuring bills get paid and benefits and accounts are handled properly.

Apply the Law

In North Carolina, adult guardianship generally starts with a legal determination that the person is incompetent, followed by the clerk of superior court appointing a guardian. The clerk has original jurisdiction over these cases in the county where the case is filed, and the clerk continues supervising the guardianship after appointment. A person does not have to already be in control of bank accounts to apply; the applicant must provide basic information about the person, family members, and a general description of assets and liabilities, and then the clerk decides who should serve and in what capacity.

Key Requirements

  • Incompetency must be established: The court process must determine that the relative cannot manage personal affairs and/or property due to a condition such as severe dementia.
  • The right type of guardian must be requested: A guardian of the person focuses on care and placement decisions; a guardian of the estate manages money and property; a general guardian does both.
  • The proposed guardian must be qualified and appropriate: The clerk considers whether the proposed guardian can carry out duties responsibly and avoid conflicts, especially when finances are involved.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the request is for a general guardianship for an elderly relative with severe dementia who lives in a long-term care facility. Severe dementia often supports the need for a court determination of incompetency and a guardian to make care decisions and handle finances. Not currently controlling bank accounts does not block appointment; it usually means the case should clearly explain what financial decisions need to be made (paying the facility, managing income, protecting assets) and why formal authority is needed now. If the goal is to keep the relative in the current facility despite staffing changes, a guardian of the person (or general guardian) is the role that typically addresses placement and care decisions.

Process & Timing

  1. Who files: An interested person (often a family member). Where: The Clerk of Superior Court (Estates/Guardianship) in the county where the case is filed in North Carolina. What: A petition to have the relative adjudicated incompetent and an application to appoint a guardian (often filed together). When: As soon as there is a real need for legal authority to make decisions or access information; timing can matter if bills are going unpaid or care decisions must be made.
  2. Hearing and appointment: The clerk conducts the incompetency proceeding and, if incompetency is found, appoints the appropriate guardian (guardian of the person, guardian of the estate, or general guardian). The clerk may require a bond for an estate guardianship and will issue letters showing the guardian’s authority.
  3. After appointment: A guardian of the estate typically must gather financial information, create an inventory, and file accountings with the clerk on a schedule set by law and local practice. Good recordkeeping becomes mandatory once the appointment occurs. For related reading on court-supervised financial reporting, see what happens when an annual accounting is filed late.

Exceptions & Pitfalls

  • Existing authority may change what is needed: If someone already has valid authority (for example, a power of attorney that is still effective), the clerk may view a full guardianship as unnecessary or may limit the scope. Guardianship is usually treated as a last-resort option when less restrictive tools do not work.
  • Conflicts over money can derail the case: If another family member is already informally controlling accounts, the clerk may scrutinize whether that arrangement is safe and whether the proposed guardian can act independently and transparently.
  • Estate guardianship means court reporting: Once appointed over finances, the guardian must keep separate records, track every transaction, and file required reports with the clerk. Late or incomplete filings can trigger court action, including orders to correct the accounting.
  • Facility relationships can matter: If the proposed guardian works for the same facility where the relative resides, North Carolina law can restrict that appointment in some situations, so the proposed guardian’s role and relationship should be disclosed early.

Conclusion

In North Carolina, a family member can seek appointment as guardian even without current control of a relative’s bank accounts. The clerk of superior court must first determine incompetency and then appoint the appropriate guardian (guardian of the person, guardian of the estate, or a general guardian). A general guardianship can support both care decisions—such as keeping the relative in the current facility—and financial management. The practical next step is to file an incompetency petition and a guardianship application with the Clerk of Superior Court as soon as formal authority is needed.

Talk to a Guardianship Attorney

If a family is dealing with severe dementia and a long-term care facility placement while no one has clear authority over finances, a guardianship case can bring structure and court-supervised authority. Our firm has experienced attorneys who can help explain options, required filings, and likely timelines in North Carolina. 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.