Can I petition to be appointed guardian so I can make placement and medical decisions without taking on personal financial liability? – North Carolina

Short Answer

Yes. In North Carolina, it is often possible to petition the Clerk of Superior Court to be appointed guardian of the person (rather than a general guardian) so placement and medical decisions can be made for an incapacitated parent without taking on responsibility to manage the parent’s money. A guardian generally is not personally responsible for the ward’s debts just because the guardian makes care decisions, but personal liability can arise if the guardian personally signs contracts or misuses funds.

Understanding the Problem

In North Carolina, when a parent has been found incapacitated and a hospital needs a decision-maker for medical treatment and discharge placement, the key question is whether a family member can be appointed as guardian in a way that allows decisions about care and where the parent lives, without also taking on responsibility for the parent’s finances or personal financial risk. The decision point is whether to seek appointment as a guardian whose authority is limited to personal and medical decisions, instead of a guardian role that includes control over money and property.

Apply the Law

North Carolina adult guardianship is handled as a special proceeding before the Clerk of Superior Court. The clerk can appoint different types of guardians depending on what the incapacitated adult needs. A guardian of the person focuses on care, custody, living arrangements, and medical consent. A general guardian typically covers both the person and the estate (finances). When the goal is to make placement and medical decisions, the usual fit is a petition seeking appointment as guardian of the person (or a limited guardianship tailored to those needs), rather than a guardianship that includes financial management.

Key Requirements

Jurisdiction and proper forum: The case is filed as a guardianship special proceeding with the Clerk of Superior Court in the appropriate North Carolina county.
Incapacity and need for a guardian: The clerk must determine the adult is incapacitated and needs a guardian to make decisions the adult cannot make.
Right-sized appointment: The clerk can appoint a guardian of the person (care/medical/placement) without appointing the same person to control finances, depending on the needs shown to the clerk.

What the Statutes Say

N.C. Gen. Stat. § 35A-1241 (Powers and duties of guardian of the person) – Authorizes a guardian of the person to set the ward’s place of abode and to consent to medical and other professional care, and includes protections that limit liability when the guardian acts in good faith and within the appointment.
N.C. Gen. Stat. § 35A-1213 (Qualifications of guardians) – Covers who may serve as guardian and notes issues like conflicts and, in some situations, bonding requirements.

Analysis

Apply the Rule to the Facts: Here, the parent is hospitalized in North Carolina and has been deemed incapacitated, and the medical team is requesting a nursing home transfer decision. Because there is no power of attorney, a petition to the Clerk of Superior Court seeking appointment as guardian of the person is the typical path to obtain authority for placement and medical consent. If the request is limited to care decisions (not managing money), the petition can be framed around the need for medical and discharge-placement authority rather than control of assets.

Process & Timing

Who files: An interested person (often an adult child). Where: The Clerk of Superior Court in the appropriate North Carolina county. What: A guardianship petition requesting an adjudication of incapacity and appointment as guardian of the person (or a limited guardianship focused on medical/placement). When: As soon as the need for a decision-maker becomes clear, because hospitals and facilities often require legal authority before accepting placement decisions.
Hearing and appointment: The clerk schedules a hearing to decide incapacity and, if appropriate, appoint a guardian. The clerk may issue letters of appointment that facilities commonly request before accepting consent for placement or treatment.
After appointment: The guardian uses the letters of appointment to communicate with the hospital, sign care-related consents, and arrange an appropriate place of abode consistent with the ward’s needs and the clerk’s order.

Exceptions & Pitfalls

Personal liability usually comes from contracts, not the title “guardian”: Even with a guardian-of-the-person appointment, personal financial risk can arise if the guardian signs admission paperwork as a personal guarantor or otherwise agrees to pay a facility bill personally. Careful review of facility contracts matters.
Scope of authority must match the order: A guardian of the person can generally handle placement and medical consent, but the clerk’s order controls. If the order is narrow, a facility may require clarification or an amended order.
Conflicts and disqualifications: Certain relationships (for example, employment at a facility where the ward resides) can disqualify a proposed guardian, and conflicts can lead the clerk to appoint someone else.
Guardianship is not a shortcut for financial access: A guardian of the person typically does not have authority to access bank accounts or sell property. If financial decisions are needed later, a separate guardian of the estate (or other authority) may be required.

Conclusion

Yes—North Carolina law allows a petition to the Clerk of Superior Court seeking appointment as guardian of the person so medical consent and nursing home placement decisions can be made without automatically taking on responsibility for managing the parent’s finances. The safest approach is to request an appointment limited to care and placement needs and to avoid signing facility paperwork as a personal guarantor. Next step: file a guardianship petition with the Clerk of Superior Court promptly to match the hospital’s discharge timeline.

Talk to a Guardianship Attorney

If a parent is hospitalized and a facility is requesting nursing home placement or medical consent but there is no power of attorney, our firm has experienced attorneys who can help explain options, prepare the petition, and track the court process. 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.