Understanding the Problem
The key decision is whether a single parent should act for an adult child who cannot reliably manage daily living and safety needs or whether both parents should share responsibility. The practical concern is whether shared authority will make timely decisions about care, living arrangements, finances, and services more difficult.
Apply the Law
North Carolina adult guardianships are handled through the Clerk of Superior Court. After an adult is adjudicated incompetent and the clerk determines that guardianship is necessary, the clerk selects the type of guardian needed and issues letters of appointment showing who has authority and the nature of that authority.
Key Requirements
- Guardianship must be necessary: For an adult, guardianship is a last resort and should be imposed only after less restrictive alternatives have been considered and found insufficient.
- The right type of guardianship: The clerk may appoint a guardian of the person for personal and care decisions, a guardian of the estate for money and property decisions, or a general guardian for both. The choice affects whether having multiple guardians will create day-to-day bottlenecks.
- A suitable guardian or guardians: The clerk considers the nature and extent of the needed guardianship, the ward’s assets and needs, and who can most suitably serve.
- A workable allocation of authority: If two parents are appointed, the order and letters should identify each guardianship and the powers and duties assigned to each guardian.
- Qualified guardians: Each proposed guardian must meet the statutory qualifications. The clerk may consider the names submitted by the applicant and recommendations from next of kin or other people.
What the Statutes Say
- N.C. Gen. Stat. § 35A-1201 (Purpose) – Provides that adult guardianship should be a last resort after less restrictive alternatives have been considered and found insufficient.
- N.C. Gen. Stat. § 35A-1203 (Jurisdiction; authority of clerk) – Gives the Clerk of Superior Court original jurisdiction over guardianship appointments and authority to determine disputes between guardians.
- N.C. Gen. Stat. § 35A-1210 (Application before clerk) – Allows an application for appointment of a guardian to be joined with or filed after the incompetency petition and requires the applicant to identify the requested type of guardianship and proposed guardian or guardians.
- N.C. Gen. Stat. § 35A-1212 (Hearing on appointment) – Directs the clerk to determine the needed guardianship and who can most suitably serve as guardian or guardians.
- N.C. Gen. Stat. § 35A-1215 (Order and letters) – Requires the order to identify each guardianship, the person or entity appointed, and the guardian’s or guardians’ powers and duties.
- N.C. Gen. Stat. § 35A-1206 (Letters of appointment) – Requires the clerk to issue letters specifying whether the appointment is as guardian of the person, guardian of the estate, or general guardian.
- N.C. Gen. Stat. § 35A-1213 (Qualifications of guardians) – Establishes who may serve and allows the clerk to consider proposed names and family recommendations.
- N.C. Gen. Stat. § 35A-1241 (Powers and duties of guardian of the person) – Describes duties involving care, placement, and consent to services, subject to the clerk’s order.
Analysis
Apply the Rule to the Facts: The adult child has recurring panic attacks, insomnia, difficulty understanding concepts, and cannot reliably manage activities of daily living or live independently without supervision. If the evidence establishes incompetence and shows that less restrictive alternatives are insufficient, these needs may require frequent decisions about care, safety, and living arrangements. Those tasks generally fall to a guardian of the person, while a guardian of the estate may also be needed if money management is a concern. If two parents are appointed and disagree about placement, services, or boundaries, administration may become more difficult and the clerk may need to resolve the dispute.
Process & Timing
- File the appropriate documents: A parent or another person may file a petition to adjudicate incompetence, and an application to appoint a guardian may be joined with that petition or filed afterward. The application should identify whether the request is for a guardian of the person, guardian of the estate, or general guardian and should name the proposed guardian or guardians.
- Use the proper county: The incompetency proceeding is generally filed with the Clerk of Superior Court in a county where the respondent resides, is domiciled, or is an inpatient in a treatment facility. Venue for the later appointment is generally in the county where the adult was adjudicated incompetent unless the matter has been transferred.
- Attend the hearing: After the incompetency process, the clerk determines the nature and extent of any needed guardianship and who can most suitably serve. The clerk may appoint one guardian, multiple guardians, or guardians with different roles.
- Obtain the order and letters: The clerk enters an order defining the guardianship and issues letters of appointment. Hospitals, service providers, and financial institutions commonly ask to review the letters before recognizing a guardian’s authority.
- Administer the guardianship: Each guardian acts within the order and letters. If guardians disagree, the clerk has authority to determine disputes between them.
Exceptions & Pitfalls
- Shared authority may become a bottleneck: Even when two guardians agree, a bank, landlord, medical provider, or other third party may request participation from both before accepting a decision or document.
- Disagreement can require clerk involvement: A dispute about placement, treatment, boundaries, or spending may require further proceedings, which can delay decisions and increase stress for the family.
- Splitting roles may work better: One parent may serve as guardian of the person while the other serves as guardian of the estate. Another option is for one parent to serve as guardian while the other provides informal support.
- The order and letters control: Third parties rely on these documents to determine a guardian’s authority. The requested structure should therefore be clearly presented to the clerk.
- Symptoms alone do not establish the legal threshold: The clerk must adjudicate the adult incompetent, determine the nature and extent of the needed guardianship, and consider whether less restrictive alternatives are sufficient.
For more background on the overall process, see start the guardianship process and guardianship for an adult child who can’t manage daily life skills.
Conclusion
North Carolina law permits the clerk to appoint one guardian or more than one suitable guardian, so one parent may serve alone or two parents may be appointed. The threshold is that the adult must be adjudicated incompetent, less restrictive alternatives must be insufficient, and the proposed arrangement must fit the adult’s needs. Because shared authority can cause delays or disputes, the next step is to request clearly either one guardian, divided personal and financial roles, or another workable allocation of authority.
Talk to a Guardianship Attorney
If your family is considering one guardian, multiple guardians, or divided guardianship roles for an adult child, contact our firm for a free case evaluation and help identifying a practical structure to request from the clerk.
