Jan182026
Guardianship Q&A Series

Can I use my parent’s money to pay a memory care deposit and moving costs while the guardianship transfer is still pending? – North Carolina

Short Answer

Often, yes—if the court appointment in North Carolina includes authority over the parent’s finances (a guardianship of the estate or general guardianship), the guardian can usually use the parent’s funds to pay reasonable costs for the parent’s care, including a memory care deposit and moving expenses. The key is that the spending must be for the parent’s benefit, consistent with fiduciary duties, and properly documented for later accounting to the Clerk of Superior Court. If the transfer to another state is pending, it is usually safest to keep payments and contracts tied to the existing North Carolina authority until the receiving state accepts the case and the North Carolina court enters a final transfer order.

Understanding the Problem

In North Carolina guardianship, the practical question is whether a court-appointed guardian/conservator can use an incapacitated parent’s funds to secure a new memory care placement and pay relocation costs while a transfer of the guardianship case to another jurisdiction is still in progress. The decision point is whether the current North Carolina appointment gives authority over the parent’s money and whether the planned payments are part of arranging appropriate care during the transition. Timing matters because a transfer is not complete until the receiving court accepts the case and the North Carolina Clerk of Superior Court enters the final order ending the North Carolina proceeding.

Apply the Law

Under North Carolina law, a guardian who has authority over the ward’s estate has a duty to use the ward’s funds for the ward’s support and care when funds are available, and to manage the ward’s property responsibly. A pending interstate transfer does not automatically freeze appropriate spending for the ward’s care, but it does increase the need for careful documentation and, in some situations, prior court approval—especially if a contract is long-term, unusual, or likely to be questioned later.

Key Requirements

  • Proper authority over money: The appointment must include authority over the estate (or be a general guardianship). A guardian of the person alone typically cannot access or spend the ward’s funds just because a move is needed.
  • Benefit to the parent: The deposit and moving costs should be reasonable and tied to the parent’s care, safety, and housing needs (not primarily for family convenience).
  • Fiduciary compliance and documentation: Payments should be traceable (invoices, contracts, receipts) and made from the parent’s funds in a way that can be reported to the Clerk of Superior Court in the required accountings.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the court-appointed guardian/conservator is arranging a move from one memory care facility to another so the incapacitated parent can live near family. If the North Carolina appointment includes authority over the estate, paying a reasonable community fee/deposit and the parent’s moving costs usually fits within using the parent’s funds for the parent’s care and support. Because the transfer is still pending, the safest approach is to keep the paper trail clear (who signed, under what authority, what the money was for) and avoid commitments that could create confusion about which state’s court is supervising the finances at the moment.

Process & Timing

  1. Who pays and signs: The guardian of the estate (or general guardian) pays from the parent’s accounts and signs contracts in a representative capacity. Where: Oversight remains with the Clerk of Superior Court (Estates Division) in the North Carolina county where the guardianship is pending until a final transfer order is entered. What: Use the Letters of Guardianship and the court order(s) showing the scope of authority when dealing with the facility and financial institutions. When: During the pending transfer period, payments should match immediate care needs and be consistent with the existing North Carolina authority.
  2. If the facility requires a contract or deposit now: Confirm whether the contract is refundable, what triggers forfeiture, and whether the contract is being signed by the guardian (not by family personally). If the contract is complex or unusually large, consider asking the Clerk for approval or ratification before funds leave the account.
  3. After the receiving state accepts: Once the receiving court issues its acceptance/provisional order and North Carolina enters the final order confirming transfer, ongoing financial management typically shifts to the new state’s case. At that point, the guardian should follow the receiving state’s rules for accountings, restricted accounts, and facility contracting.

Exceptions & Pitfalls

  • Wrong type of guardianship: A guardian of the person may be able to make care decisions, but that does not automatically include authority to access or spend the parent’s money. If the appointment does not include the estate, the Clerk may need to appoint a guardian of the estate or authorize a specific transaction.
  • Signing personally by mistake: If a contract is signed without clearly indicating the signature is as guardian, the facility may argue the signer is personally responsible. Contracts should reflect the representative role and the ward’s funds as the source of payment.
  • Large, nonrefundable deposits: Nonrefundable “community fees” or deposits can draw scrutiny. If there is any doubt about reasonableness or necessity, a targeted request to the Clerk for approval (or later ratification) can reduce risk.
  • Poor records: Guardians are typically required to account for spending. Missing receipts, cash withdrawals, or mixed personal/ward funds can create problems even when the move itself was appropriate.
  • Transfer confusion: A pending interstate transfer can create gaps if the new state has not yet issued authority. Until acceptance and a final North Carolina transfer order, it is usually best to treat North Carolina as the supervising court for financial decisions.

For more context on the transfer process itself, see transfer an adult guardianship and conservatorship from one state to another and move before the transfer is fully finalized.

Conclusion

In North Carolina, a guardian with authority over the estate can generally use the incapacitated parent’s funds to pay reasonable costs for the parent’s care, including a memory care deposit and moving expenses, even while an interstate transfer is pending. The spending should be for the parent’s benefit, properly documented, and consistent with ongoing supervision by the Clerk of Superior Court until the receiving state accepts the case and North Carolina enters a final transfer order. The next step is to confirm the Letters of Guardianship include estate authority and, if needed, file a request with the Clerk to approve or ratify the specific deposit or contract before paying it.

Talk to a Guardianship Attorney

If a family is dealing with a memory care move during a pending guardianship transfer, our firm has experienced attorneys who can help clarify what the current North Carolina appointment allows, what paperwork a facility may require, and how to reduce risk with the Clerk of Superior Court. 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: 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.