Jan232026
Guardianship Q&A Series

Can I be the only guardian, or can two parents serve as co-guardians without creating problems? – North Carolina

Short Answer

In North Carolina, the Clerk of Superior Court can appoint one guardian or appoint more than one guardian, depending on what best fits the adult’s needs and what will work in practice. Two parents can serve together, but co-guardianship can create delays if the co-guardians disagree or if third parties (like banks or medical providers) insist on signatures from both. Many families reduce friction by having one parent serve as the primary guardian (or by splitting roles, such as one guardian of the person and one guardian of the estate), with clear authority in the clerk’s order and letters.

Understanding the Problem

Under North Carolina guardianship law, the key decision is whether a single parent should be appointed to act for an adult child who cannot reliably manage daily living and safety needs, or whether both parents should be appointed to act together as co-guardians. The practical concern is whether shared authority will make it harder to make timely decisions about care, living arrangements, and services when quick action is needed.

Apply the Law

North Carolina adult guardianships are handled through the Clerk of Superior Court. After an adult is adjudicated incompetent, the clerk appoints the type of guardian needed and issues “letters of appointment” that prove who has authority and what kind of authority it is. The clerk’s appointment order can be tailored to the situation, including what powers the guardian has and whether there will be one guardian or multiple guardians.

Key Requirements

  • The right type of guardianship: The clerk can appoint a guardian of the person (personal and care decisions), a guardian of the estate (money/property decisions), or a general guardian (both). The choice affects whether co-guardianship will create day-to-day bottlenecks.
  • A workable decision-making structure: If two parents serve together, the order and letters should make it clear how decisions are made and who can sign. If the structure requires both signatures for everything, routine tasks can slow down.
  • Qualified guardians: The clerk must appoint someone who meets the statutory qualifications, and the clerk can consider family recommendations and practical fit for the ward’s needs.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe an adult child who has recurring panic attacks, insomnia, difficulty understanding concepts, and cannot reliably manage activities of daily living or live independently without supervision. Those needs often require frequent, time-sensitive decisions about care, safety, and living arrangements—tasks that fall under a guardian of the person, and sometimes also require a guardian of the estate if money management is also a concern. If two parents are appointed as co-guardians and they do not agree on placement, services, or boundaries, the guardianship can become harder to administer and may require the clerk to resolve disputes.

Process & Timing

  1. Who files: A parent (or other interested person) typically files. Where: The Clerk of Superior Court in the county where the adult resides or is present in North Carolina. What: A petition to adjudicate incompetence and an application to appoint a guardian, asking for either one guardian or co-guardians and specifying whether the request is for guardian of the person, guardian of the estate, or a general guardian. When: As soon as there is a real need for legal authority to make decisions and coordinate care; timing can matter if safety or housing is unstable.
  2. Hearing and appointment: After the incompetency process runs and the clerk decides a guardian is needed, the clerk enters an order appointing the guardian(s) and defining powers. The clerk then issues letters of appointment, which are what hospitals, providers, and financial institutions usually ask to see.
  3. Day-to-day administration: The guardian(s) use the letters to act for the ward within the limits of the order. If co-guardians disagree or a third party refuses to accept action by only one co-guardian, the matter may need to go back to the clerk for clarification or dispute resolution.

Exceptions & Pitfalls

  • Two signatures can become a bottleneck: Even when co-guardians agree, banks, landlords, and medical providers sometimes insist both co-guardians sign. That can delay urgent tasks like arranging a safe living situation or consenting to services.
  • Disagreement can trigger court involvement: If co-guardians disagree about major decisions (placement, treatment, boundaries, spending), the clerk has authority to resolve disputes, but that takes time and can increase stress for the family.
  • Consider splitting roles instead of sharing the same role: In some families, fewer problems arise when one parent serves as guardian of the person (care/placement decisions) and the other serves as guardian of the estate (financial decisions), or when one parent serves alone with the other supporting informally. The best fit depends on the adult child’s needs and the parents’ ability to act as a team.
  • Order and letters must match the plan: The clerk’s order and letters are what third parties rely on. If the documents are vague about authority, co-guardians can face repeated pushback when trying to act.

For more background on the overall process, see start the guardianship process and guardianship for an adult child who can’t manage daily life skills.

Conclusion

In North Carolina, one parent can serve as the only guardian, and two parents can also serve as co-guardians if the Clerk of Superior Court finds that structure workable for the adult child’s needs. Co-guardianship most often creates problems when decisions require two signatures or when the co-guardians disagree and the issue must go back to the clerk. A practical next step is to file the guardianship application with the Clerk of Superior Court and clearly request the structure (one guardian, co-guardians, or split roles) that will allow timely decisions.

Talk to a Guardianship Attorney

If a family is dealing with guardianship for an adult child who cannot live safely without supervision, our firm has experienced attorneys who can help explain options for one guardian versus co-guardians and how to reduce delays with clear court orders and letters. Call us today at [CONTACT NUMBER].

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.