Jan262026
Guardianship Q&A Series

What rights would my adult child lose if I become their guardian, like voting or signing a lease? – North Carolina

Short Answer

In North Carolina, an adult does not automatically lose “all rights” just because a guardian is appointed. The biggest change is usually practical: the guardian may gain legal authority to make certain decisions (healthcare, living arrangements, finances), and third parties may require the guardian’s signature instead of the adult child’s. Many rights can be kept through a limited guardianship, and North Carolina law also recognizes that some rights (like voting) are not automatically taken away by an incompetency finding.

Understanding the Problem

In North Carolina adult guardianship, the key question is: what legal decisions would shift from an adult child to a court-appointed guardian if the clerk of superior court appoints a guardian. The concern usually comes up when a parent is considering guardianship because an adult child cannot reliably manage daily living tasks and safety, and there is worry that guardianship could take away core adult rights like voting, signing a lease, or entering contracts. The answer depends on whether the case results in a limited guardianship (only certain rights move to the guardian) or a broader guardianship (more decision-making authority moves to the guardian).

Apply the Law

North Carolina guardianship typically starts with an adjudication of incompetency by the clerk of superior court and then an order appointing a guardian. The court can tailor guardianship so the adult child keeps as many rights as possible while still protecting health, safety, and finances. In general, guardianship affects rights in two main buckets: (1) personal decision-making (often handled by a guardian of the person) and (2) money/property decision-making (often handled by a guardian of the estate). A general guardian covers both.

Key Requirements

  • Scope of guardianship (limited vs. broader): The order can be limited to specific decision areas, or it can grant wider authority over personal and/or financial decisions.
  • Type of decisions at issue (personal vs. financial): Personal decisions often include healthcare and living arrangements; financial decisions often include contracts, leases, bills, and managing assets.
  • Capacity can be “right-specific”: Some rights may depend on whether the adult child can meet the legal test for that specific right at that time (for example, certain family-law or estate-planning acts can have their own capacity standards).

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe an adult child with recurring panic attacks, insomnia, difficulty understanding concepts, and an inability to reliably manage activities of daily living or live independently without supervision. Those facts often point toward a need for a guardian of the person (to address safety, care, and living decisions) and sometimes a guardian of the estate (if bills, benefits, or contracts cannot be managed safely). If a guardianship is granted, the rights most likely to change day-to-day are the ability to independently sign binding paperwork (like a lease) and the ability to independently direct healthcare and living arrangements—unless the clerk limits the guardianship and leaves specific rights with the adult child.

How guardianship can affect specific rights (common concerns)

  • Voting: North Carolina’s required rights notice in guardianship cases states that a ward has a right to register and vote if otherwise qualified. In practice, voting issues can still become complicated if someone challenges capacity, but guardianship does not automatically mean voting stops. (See N.C. Gen. Stat. § 35A-1117.)
  • Signing a lease or other contracts: If a guardian of the estate (or general guardian) is appointed, landlords and other businesses often require the guardian to sign or approve contracts. North Carolina law gives the guardian broad authority to manage the ward’s estate and deal with contracts in the ward’s best interest, including completing or refusing to complete certain contracts. (See N.C. Gen. Stat. § 35A-1251.)
  • Healthcare decisions: A common effect of guardianship is that the guardian may direct healthcare and related personal decisions unless the court specifically allows the adult child to keep those rights in a limited order. The required rights notice explicitly flags healthcare direction as a right that can be lost unless preserved. (See N.C. Gen. Stat. § 35A-1117.)
  • Where to live and daily-life decisions: Guardianship can shift authority over living arrangements and supervision decisions to the guardian of the person, again depending on how the clerk structures the order.
  • Driving: The required rights notice warns that driving privileges may be affected because the clerk must notify DMV after an adjudication of incompetency, and DMV may take action on the license. (See N.C. Gen. Stat. § 35A-1117.)
  • Marriage, making a will, and similar “high-stakes” acts: North Carolina’s rights notice explains that some rights depend on whether the person has the required capacity for that specific act, and different rights can have different capacity tests. That means guardianship can raise red flags for third parties, but the legal analysis may still turn on capacity for the particular decision at the time. (See N.C. Gen. Stat. § 35A-1117.)

Process & Timing

  1. Who files: Typically a parent or other interested person files. Where: The Clerk of Superior Court in the county where the adult child resides (guardianship is handled through the clerk’s office). What: A petition to adjudicate incompetency and request appointment of a guardian; the court also appoints a guardian ad litem to represent the respondent’s interests and communicate the respondent’s wishes. When: The hearing is generally scheduled within a short window after service; the statutory rights notice describes a hearing typically set between 10 and 30 days after the respondent is served unless continued for good cause. (See N.C. Gen. Stat. § 35A-1117.)
  2. Hearing and scope decision: The clerk decides whether the adult child is incompetent and, if so, what type of guardian is needed and whether the guardianship should be limited. The guardian ad litem’s role commonly includes exploring whether a limited guardianship could meet the needs while preserving rights.
  3. After appointment: If a guardian of the estate or general guardian is appointed, the guardian typically must marshal assets, manage bills, and follow court accounting rules. If a guardian of the person is appointed, the guardian typically coordinates care and living arrangements within the authority granted by the order. If circumstances improve, the ward can seek modification or restoration to competency through the clerk. (The rights notice describes these options. See N.C. Gen. Stat. § 35A-1117.)

Exceptions & Pitfalls

  • Assuming “guardianship = total loss of rights”: North Carolina courts can tailor guardianship. A limited guardianship can preserve meaningful independence while still addressing safety and financial risk.
  • Not separating “person” vs. “estate” issues: If the main problem is daily living and safety, a guardian of the person may address the need without automatically putting all finances under a guardian of the estate. If the main problem is contracts, bills, or benefits management, estate authority may be the focus.
  • Third-party pushback: Even when an adult child can do some things, landlords, banks, and healthcare providers may refuse to rely on the adult child’s signature once they learn a guardian exists. Planning for that practical reality is part of choosing the right scope.
  • Overlooking alternatives for a single issue: North Carolina law allows the clerk, in some situations, to authorize a single protective arrangement or transaction without appointing a full guardian, which can be useful when the problem is narrow (for example, one housing or financial transaction). (See N.C. Gen. Stat. § 35A-1121.)

Conclusion

In North Carolina, an adult child does not automatically lose every civil right when a guardian is appointed, but guardianship often shifts legal decision-making—especially around healthcare, living arrangements, and contracts like leases—depending on whether the clerk orders a limited or broader guardianship. Voting is not automatically taken away, and some rights depend on capacity for that specific act. The most important next step is to file the guardianship petition with the Clerk of Superior Court and be prepared to address whether a limited guardianship can meet the needs.

Talk to a Guardianship Attorney

If you’re dealing with a situation where an adult child cannot safely manage daily living or important paperwork and the question is which rights would change under guardianship, our firm has experienced attorneys who can help explain options, including limited guardianship, and the timelines involved. 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.