1. Understanding Your Role and Initial Steps

When a court names you as a guardian in North Carolina, you gain both authority and responsibility to care for someone who cannot make decisions on their own—either a minor or an adult with impaired capacity. North Carolina law outlines specific duties you must satisfy. Acting promptly and in good faith protects both you and the person you serve.

Confirm Your Appointment

• Obtain certified Letters of Guardianship from the clerk of superior court. These documents prove your authority. (See N.C. Gen. Stat. § 35A-1202.)
• Review the court order carefully. Note any limitations on decision-making or requirements for bond.

Meet Bond and Notice Requirements

• If the court orders a bond, secure it immediately to protect your ward’s estate. (See N.C. Gen. Stat. § 35A-1105.)
• Provide notice to family members and interested parties as directed by the court.

2. Managing Your Ward’s Affairs

Your primary duties fall into two categories: personal care and estate management. Follow these steps to stay compliant with North Carolina statutes.

• Inventory Assets: Within 90 days, file an inventory of the ward’s real and personal property with the clerk. (See N.C. Gen. Stat. § 35A-1208.)
• Develop a Care Plan: Assess housing, medical care, education (for minors), and daily living needs.
• File Annual Accounts: Each year, except the first partial year, submit a financial account to the court showing receipts, expenditures, and the ward’s current net worth. (See N.C. Gen. Stat. § 35A-1209.)
• Make Routine Decisions: Use the ward’s funds for housing, medical bills, education, and daily living expenses. You need court approval for major transactions, such as selling real estate or making large gifts.
• Protect the Ward’s Rights: Ensure your ward retains dignity and privacy. Arrange visits with family and maintain appropriate records.

3. Maintaining Compliance and Avoiding Pitfalls

Failing to meet your obligations can expose you to court sanctions or personal liability. Follow these best practices:

• Keep detailed records of every transaction and care decision.
• Notify the court promptly if your ward’s condition or needs change.
• Request court approval before selling, mortgaging, or significantly altering the ward’s estate.
• Attend any status conferences or hearings the court schedules.
• Consider requesting help or filing a motion to resign if you cannot fulfill duties.