Dec32025
Guardianship Q&A Series

Can I be allowed to take my relative out of a care facility for short outings if I’m not the current guardian? – North Carolina

Short Answer

Under North Carolina law, a non-guardian family member generally cannot demand authority to take an adult in a care facility off-site, because the guardian of the person controls the ward’s custody, residence, and medical decisions. Short outings are often allowed only with the guardian’s consent and in line with the facility’s policies and any public health rules. If more formal, shared authority is needed, it usually requires a modification of the guardianship order by the clerk of superior court.

Understanding the Problem

The question is whether a North Carolina family member who is not the current adult guardian can arrange short trips outside a care facility for an adult who has already been adjudicated incompetent, without taking over full guardianship. This comes up when one relative holds guardianship of the person, but another relative wants a defined role in care decisions, access to medical updates, and the ability to help the adult leave the facility for brief visits, meals, or family events. The concern is how much flexibility North Carolina guardianship law and facility rules allow, and what must go back to the clerk of superior court for a formal change in the guardianship order.

Apply the Law

North Carolina’s adult guardianship laws give the guardian of the person primary authority over where the ward lives, what care the ward receives, and who can consent for the ward. Care facilities also operate under state and federal rules that govern resident rights, visitation, and safe “therapeutic” or social leave. When a non-guardian family member wants ongoing, defined authority for outings and medical communication, that usually means seeking a limited modification of the guardianship through the clerk of superior court in the county where the guardianship is filed.

Key Requirements

  • Existing guardianship order: There must already be an adult guardianship in place that names a guardian of the person (or general guardian) and defines that guardian’s powers over residence, care, and medical decisions.
  • Guardian’s primary authority: The guardian of the person has legal custody of the ward, chooses the facility or other residence, and gives or withholds consent for medical care and off-site leave, unless a court order limits or shares those powers.
  • Court-approved modification for shared powers: To give another family member ongoing, defined rights to participate in decisions, receive medical information, or take the ward on outings, a petition or motion to modify the guardianship must be filed with the clerk of superior court, showing that the change is in the ward’s best interest and consistent with the least restrictive alternative.

What the Statutes Say

Analysis

Apply the Rule to the Facts: In the described situation, a sibling already serves as guardian of the person for an adult who lives in a North Carolina care facility. Under the guardianship statute, that guardian controls where the ward lives, makes medical decisions, and decides whether the ward can leave the facility for short outings, subject to facility and funding rules. Another sibling who visits often and works well with staff can usually visit freely, but does not automatically gain authority to sign the ward out or receive full medical information. To formalize shared decision-making or off-site outing authority, the non-guardian sibling would generally need to ask the clerk of superior court to modify the guardianship order to add limited, clearly defined powers.

Process & Timing

  1. Who files: Typically, an interested family member or the current guardian. Where: The Office of the Clerk of Superior Court in the North Carolina county where the existing guardianship is filed. What: A written motion or petition to modify the guardianship (often captioned in the original guardianship file) explaining the requested changes, such as adding a co-guardian, successor guardian, or limited guardian of the person for specified tasks like medical communication and short outings. When: Any time circumstances change so that additional support or a different structure better serves the ward.
  2. The clerk of superior court usually sets a hearing, provides notice to the current guardian and other interested parties, and may appoint a guardian ad litem or call for updated medical or facility information. Timeframes vary by county, but it often takes several weeks to a few months from filing to hearing, depending on the court’s docket and the need for updated evaluations.
  3. After the hearing, the clerk issues a written order either denying the request or modifying the guardianship. If granted, the order should spell out who has authority to receive medical updates, who can consent to specific care, and any limits or conditions on taking the ward out of the facility, so the family and facility have clear guidance.

Exceptions & Pitfalls

  • If the current guardian and facility agree, they may informally allow supervised outings without a court order, but the facility can insist on written guardian consent and may refuse off-site trips that conflict with medical orders, public health rules, or payor requirements (such as Medicaid “therapeutic leave” limits).
  • Some facilities have strict sign-out and transportation policies; ignoring those policies can lead to the facility restricting access or reporting concerns to the county department of social services or the court.
  • Trying to obtain detailed medical records or speak directly with Veterans Affairs providers for a veteran ward can raise federal privacy issues; often, the guardian must sign the releases, or the court’s modification order must clearly authorize the non-guardian relative to receive information.
  • Overbroad modification requests (for example, asking for full co-guardianship when only limited, task-specific authority is needed) can make the case more contested and harder to prove, because the clerk must honor the least restrictive alternative standard.

Conclusion

In North Carolina, a non-guardian relative does not automatically have the right to take an adult ward out of a care facility, because the guardian of the person controls the ward’s custody, residence, and medical decisions under the guardianship order. Short outings typically require the guardian’s consent and the facility’s approval under its policies and any funding limits on therapeutic leave. When ongoing, clearly defined authority for outings and medical communication is needed, the practical next step is to file a motion with the clerk of superior court to modify the guardianship and spell out the shared or limited powers.

Talk to a Guardianship Attorney

If a family member needs more defined authority to help care for a loved one in a North Carolina facility, including taking them on safe short outings and receiving medical updates, our firm has experienced attorneys who can help clarify options and guide a guardianship modification. 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.

Category: Guardianship Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.