Guardianship Q&A Series

Can I appoint my other child as a co-guardian alongside me? – North Carolina

Short Answer

Yes. In North Carolina, the Clerk of Superior Court can appoint more than one guardian for an adult, including co-guardians of the person, of the estate, or a general co-guardian. Co-guardianship can provide coverage, but it may slow decisions if both signatures are required by banks or providers. You can also ask the court to name a successor (backup) guardian. If your adult child has the capacity to understand what a power of attorney is, a POA or health care power of attorney may be a simpler alternative; if not, guardianship is the correct path.

Understanding the Problem

In North Carolina, can a parent who already provides full-time care for an adult child with significant disabilities ask the Clerk of Superior Court to appoint an older sibling as co-guardian alongside the parent? The goal is to make sure medical providers and banks recognize decision-making authority now and in the future.

Apply the Law

North Carolina’s adult guardianship system allows the Clerk of Superior Court to tailor protections to the person’s needs. The court can appoint one or more guardians: a guardian of the person (personal, medical, and residential decisions), a guardian of the estate (financial/property decisions), or a general guardian (both). Co-guardians are permitted. The Clerk decides whether co-guardianship or a single guardian with a named successor is in the ward’s best interests. Guardianship cases are filed and heard by the Clerk of Superior Court in the county where the adult resides. Guardians of the estate must file an initial inventory shortly after appointment and annual accounts thereafter; guardians of the person must submit periodic status reports.

Key Requirements

  • Incompetency adjudication: The court must first find the adult lacks capacity to manage some or all personal, medical, or financial affairs.
  • Least-restrictive fit: The Clerk prefers limited guardianship or alternatives (like valid powers of attorney) if they meet the adult’s needs.
  • Suitability of proposed guardian(s): Each proposed co-guardian must be fit, willing, and able to serve without conflicts that harm the ward.
  • Scope and coordination: The order should clarify whether co-guardians must act together or may act separately for defined tasks.
  • Qualification and oversight: Guardians must qualify with the Clerk; guardians of the estate file an inventory and annual accounts; guardians of the person file periodic status reports.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Your adult child needs formal authority recognized by banks and providers. North Carolina allows co-guardians, so you can ask the Clerk to appoint you and the older sibling together. The Clerk will weigh whether co-guardianship or a single guardian with a named successor better serves your child’s interests and simplifies daily decisions. A POA or health care power only works if your child can understand and sign; if capacity is lacking now, guardianship is the appropriate route.

Process & Timing

  1. Who files: A parent or other interested person. Where: Clerk of Superior Court in the county where the adult resides in North Carolina. What: File a petition to adjudicate incompetence and for appointment of guardian (AOC-SP-200 series), seek co-guardianship in your request, and propose a limited or general scope. After hearing, appointment and letters typically issue using AOC-SP-202 (order) and AOC-SP-208 (appointment/letters). When: Hearing timelines vary by county; service and a guardian ad litem may be required before the hearing.
  2. After appointment, a guardian of the estate must file an inventory within about three months of qualification and annual accounts each year; a guardian of the person files a brief status report annually. Expect the Clerk to monitor deadlines and request updates.
  3. To add or remove a co-guardian later, file a motion in the existing case asking the Clerk to modify the guardianship (for example, to add the sibling as co-guardian or to convert to a single guardian with a successor). The Clerk can enter a modification order after notice and hearing.

Exceptions & Pitfalls

  • Less-restrictive options: If a valid financial or health care power of attorney can be executed, full guardianship may be reduced or unnecessary. But a POA is valid only if the adult has sufficient capacity at signing.
  • Co-guardian coordination: Some banks and providers require both signatures unless the order authorizes separate action. Ask the Clerk to specify how co-guardians may act to avoid delays.
  • Reporting and bond: A guardian of the estate may need a bond and must meet inventory and accounting deadlines. Missing reports can trigger court orders and sanctions.
  • Service/notice: Proper notice to the respondent and required parties is critical; a guardian ad litem may be appointed to protect the respondent’s rights.

Conclusion

North Carolina allows co-guardianships when they serve the adult’s best interests. You can ask the Clerk of Superior Court to appoint you and the older sibling together, with clear instructions on acting jointly or separately. If your child cannot understand and sign a power of attorney now, pursue guardianship. Next step: file the guardianship petition with the Clerk using the AOC-SP-200 series and request co-guardianship (or a single guardian with a named successor) so the order fits your family’s needs.

Talk to a Guardianship Attorney

If you’re dealing with co-guardian vs. single guardian decisions for an adult child, our firm has experienced attorneys who can help you understand your options and timelines. 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.