Feb182026
Guardianship Q&A Series

What’s the difference between guardianship over finances, guardianship over personal decisions, and general guardianship, and which one fits my situation? – North Carolina

Short Answer

In North Carolina, a guardian of the estate handles money and property, a guardian of the person handles personal and care decisions, and a general guardian does both. The right fit depends on what the adult family member cannot safely manage: finances, personal decisions, or both. Even when a family member has serious mental health episodes and hospitalizations, the court (through the Clerk of Superior Court) generally tailors the appointment to the areas where help is actually needed.

Understanding the Problem

In North Carolina guardianship cases involving an adult family member with repeated inpatient admissions and a diagnosis such as bipolar disorder, the key question is which type of guardian appointment matches the specific areas where the adult cannot reliably make or carry out decisions. Can a family member be appointed to manage only finances, only personal decisions, or both under a general guardianship? The answer turns on the role the court is being asked to assign (financial management, personal decision-making, or both) and what the evidence shows about the adult’s functioning in those areas.

Apply the Law

North Carolina law recognizes different guardian roles for an incompetent adult. The Clerk of Superior Court has original jurisdiction over adult guardianship appointments and related proceedings. The application for appointment must state whether the request is for a guardian of the person, a guardian of the estate, or a general guardian, because each role carries different responsibilities and court oversight.

Key Requirements

  • Match the appointment to the need: The court can appoint a guardian for personal decisions, finances, or both, depending on what the adult cannot manage safely and consistently.
  • Understand the three roles: A guardian of the person focuses on care and custody decisions; a guardian of the estate focuses on property and financial affairs; a general guardian covers both sets of duties.
  • File in the right forum with the right request: The Clerk of Superior Court in the proper county handles the appointment, and the paperwork must clearly request the correct type of guardianship.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe an adult family member with multiple inpatient admissions and a bipolar disorder diagnosis, and a request for general guardianship. Those facts often raise concerns in both categories: (1) personal decisions (such as safety planning, consistent treatment follow-through, and stable living arrangements) and (2) finances (such as paying bills, managing benefits, or avoiding harmful transactions during episodes). If the evidence shows the adult mainly struggles with treatment and day-to-day safety but can still manage money appropriately, a guardian of the person may fit better than a general guardian; if the main problem is financial vulnerability, a guardian of the estate may be the more targeted option.

Process & Timing

  1. Who files: Any individual (including a family member) may file. Where: The Clerk of Superior Court in the proper North Carolina county. What: An application requesting appointment of a guardian of the person, guardian of the estate, or general guardian, with the information required by statute. When: Often filed along with (or after) the incompetency case; timing can vary by county scheduling and the need for evaluations.
  2. Evaluation and hearing steps: In many cases, the clerk relies on current medical/psychological/social information and holds a hearing to decide (a) whether the adult is legally incompetent and (b) what type of guardianship, if any, is appropriate.
  3. Appointment and ongoing oversight: If appointed, the guardian’s authority is limited to the role ordered (person, estate, or both). Financial guardianships typically involve ongoing reporting to the clerk about money and property; personal-decision guardianships typically involve status reporting about the ward’s condition and care plan.

Exceptions & Pitfalls

  • Over-asking for “general” when only one area is truly impaired: Requesting a general guardian can trigger broader court scrutiny and broader ongoing duties than necessary if the adult’s limitations are mainly financial or mainly personal.
  • Confusing guardianship with mental health commitment: Prior inpatient admissions can support the need for help, but guardianship is a separate court process with its own standards and paperwork.
  • Underestimating ongoing responsibilities: A guardian of the estate must track assets, income, and spending and report to the clerk; a guardian of the person must stay engaged with care planning and required status updates.
  • Venue and notice mistakes: Filing in the wrong county or missing required parties/notice can delay the case and may require refiling or additional hearings.

Conclusion

In North Carolina, a guardian of the estate manages an adult’s finances and property, a guardian of the person manages care and personal decisions, and a general guardian does both. The best fit depends on whether the adult family member cannot safely handle money, personal decisions, or both. The next step is to file an application with the Clerk of Superior Court requesting the specific type of guardianship sought (person, estate, or general) and include the required information about the adult and the areas of need.

Talk to a Guardianship Attorney

If a family member’s mental health condition and repeated hospitalizations are making it hard to manage finances, personal decisions, or both, our firm has experienced attorneys who can help explain the options and timelines for the right type of North Carolina guardianship. 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.