Jan262026
Guardianship Q&A Series

Can I use my relative’s funds to pay for a different room or higher level of care at the facility? – North Carolina

Short Answer

Often, yes—if the guardianship appointment gives authority over the relative’s money (a guardian of the estate or general guardian) and the expense is reasonable and for the relative’s benefit. Under North Carolina law, a guardian with control of the estate has a duty to use the ward’s funds for the ward’s support in a facility when funds are available. The main practical limit is that larger or non-routine spending may require advance approval from the Clerk of Superior Court and must be documented in the required accountings.

Understanding the Problem

In North Carolina guardianship cases, the question is whether a court-appointed guardian can use an adult ward’s money to upgrade a room or pay for a higher level of care at the ward’s current facility. The decision usually turns on what type of guardian was appointed (guardian of the person versus guardian of the estate), whether the cost is for the ward’s care and maintenance, and whether the Clerk of Superior Court expects prior approval before the funds are spent.

Apply the Law

North Carolina separates authority over personal decisions from authority over money. A guardian of the person generally makes care and placement decisions, while a guardian of the estate manages the ward’s funds and pays appropriate expenses. When a ward is in a facility, North Carolina law places responsibility on the guardian who has legal custody of the estate to supply funds for the ward’s support in the facility, as long as the ward has sufficient funds (and after considering any legal dependents). Spending must be prudent, suitable to the ward’s circumstances, and properly accounted for to the Clerk of Superior Court.

Key Requirements

  • Proper authority over funds: The guardian must have authority over the ward’s money (typically a guardian of the estate or general guardian). A guardian of the person alone may be able to choose a higher level of care, but usually cannot pay for it from the ward’s accounts without estate authority.
  • Reasonable and for the ward’s benefit: The upgrade should relate to the ward’s support, maintenance, safety, or care needs, and the cost should fit the ward’s overall financial situation.
  • Court compliance and documentation: The spending must be tracked and supported with records so it can be reported in the guardian’s accountings, and the Clerk of Superior Court may require advance approval for certain expenditures (especially if they use principal rather than income or are unusually large).

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the guardian has been appointed for an adult relative living in a care facility and needs decisions made about living arrangements and personal needs. If the appointment includes authority over the relative’s finances (guardian of the estate or general guardian), paying for a different room or higher level of care can fit within using the ward’s funds for support and maintenance—so long as the cost is reasonable for the ward’s situation and can be justified and documented in the required accountings. If the appointment is only as guardian of the person, the placement decision may be possible, but paying the facility from the ward’s funds typically requires estate authority or court direction.

Process & Timing

  1. Who files: The guardian (usually the guardian of the estate or general guardian). Where: The Clerk of Superior Court in the county where the guardianship is administered. What: If prior approval is needed, it is commonly handled by a motion or petition in the guardianship file asking permission for the specific expenditure and explaining why it benefits the ward. When: Before signing a new contract or paying a large deposit when the cost is significant, non-routine, or would require using principal rather than ordinary income.
  2. Facility and care planning steps often happen in parallel: obtain the facility’s written pricing for the room change or higher level of care, confirm what services are included, and document the care reason for the change (for example, increased supervision needs).
  3. After payment, keep invoices, contracts, and proof of payment so the expense can be reported in the next required accounting to the Clerk of Superior Court.

Exceptions & Pitfalls

  • Wrong type of authority: A guardian of the person may not have authority to access accounts and pay the facility. If the guardian role is limited by the court order, the order controls.
  • Using principal without approval: Even when paying for care is appropriate, spending from principal (not just income) can trigger a need for prior court approval depending on the situation and local practice.
  • “Nice to have” upgrades: A room upgrade that is mainly for convenience or preference can be questioned if it is not tied to the ward’s care needs or is not suitable to the ward’s financial circumstances.
  • Poor recordkeeping: Missing invoices, unclear descriptions (“facility payment”), or cash withdrawals can create problems in the annual accounting and may lead to the Clerk requiring explanations or disallowing credits.
  • Benefits interactions: Some care arrangements and payment sources have strict rules. For questions involving public benefits, it is important to get benefits-specific guidance before changing payment arrangements.

For related timing issues involving facility payments during transitions, see paying a memory care deposit and moving costs while a transfer is pending and reimbursement for facility payments covered personally.

Conclusion

In North Carolina, a guardian who has authority over the ward’s estate can generally use the ward’s funds to pay for an appropriate room change or higher level of care when it is reasonable and supports the ward’s needs, and the expense is suitable to the ward’s finances. The key is matching the spending to the guardian’s court-granted authority and keeping clear documentation for the required accountings. The next step is to file a request with the Clerk of Superior Court for approval before paying any large or non-routine upgrade cost.

Talk to a Guardianship Attorney

If you’re dealing with paying for a room change or higher level of care using a ward’s funds, our firm has experienced attorneys who can help explain what authority the guardianship order gives, what approvals may be needed, and how to document the expense for the 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.