Dec212025
Guardianship Q&A Series

Can my parents be appointed as co‑guardians for both personal and financial decisions, or would a limited guardianship or power of attorney be a better fit? – North Carolina

Short Answer

In North Carolina, parents can ask the Clerk of Superior Court to appoint them as guardians so they can make personal (including medical) and financial decisions for an adult child who has been found legally “incompetent.” The court can also tailor the arrangement by ordering a limited guardianship that leaves the adult child with certain rights. If the adult child still has enough capacity to sign documents, a health care power of attorney and durable power of attorney may be a better fit because they can avoid an incompetency case and still allow access and decision-making.

Understanding the Problem

In North Carolina, parents often ask whether they can be appointed together to make both personal and financial decisions for an adult child with lifelong intellectual disabilities, especially after a hospital or provider refuses to share information or take directions without the adult child’s consent. The decision point is whether court-appointed guardianship is necessary to give legal authority for medical decisions and financial management, or whether a narrower alternative (like a limited guardianship) or a signed power of attorney would meet the family’s needs while preserving more independence for the adult child.

Apply the Law

North Carolina guardianship for adults is handled through the Clerk of Superior Court. Before the clerk can appoint a guardian, the adult generally must be adjudicated incompetent in an incompetency proceeding. If guardianship is ordered, the clerk’s appointment order and the “letters of appointment” control what the guardian(s) can do. North Carolina law also allows the clerk to limit a guardianship so the adult retains specific rights, rather than taking away decision-making across the board.

Key Requirements

  • Incompetency finding first: A guardian appointment for an adult typically follows a court process where the clerk (or a jury) decides, under a high evidence standard, whether the adult lacks sufficient capacity to manage important affairs.
  • Right-sized scope of authority: The clerk’s order should match the adult’s actual functional limits. A limited guardianship can leave the adult with certain legal rights while still giving the guardian authority in the areas where help is truly needed.
  • Correct type of guardianship (person, estate, or both): North Carolina recognizes a guardian of the person (personal/medical decisions), a guardian of the estate (money/property decisions), and a general guardian (both).

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe long-term parental involvement in both medical and financial decisions and a recent hospital admission where providers would not share information without the adult child’s consent. In North Carolina, that kind of access problem often points toward either (1) a valid health care power of attorney signed while the adult child has capacity to do so, or (2) a court guardianship if the adult child cannot understand and sign decision-making documents. If guardianship is pursued, the clerk can appoint a general guardian (covering both personal and financial decisions) or split duties between a guardian of the person and a guardian of the estate, and the clerk can also limit powers to what is truly necessary.

Process & Timing

  1. Who files: A parent or other interested person. Where: The Special Proceedings division with the Clerk of Superior Court in the county where the adult child resides in North Carolina. What: A petition to adjudicate incompetence (Subchapter I) and an application to appoint a guardian (often filed together). When: Filed as soon as decision-making authority is needed; the schedule for the hearing depends on the county and the clerk’s calendar.
  2. Investigation and representation: The adult child (the “respondent”) has a right to representation; an attorney guardian ad litem is typically appointed unless the respondent hires counsel. Information is gathered for the hearing, which can include medical and functional information relevant to capacity.
  3. Hearing and appointment: If the clerk (or a jury) finds incompetence by clear, cogent, and convincing evidence, the clerk enters an incompetency order and then appoints the guardian(s). The clerk’s order spells out whether the guardianship is general, person-only, estate-only, or limited. The clerk then issues letters of appointment, which are the documents hospitals, banks, and agencies usually ask to see.

Exceptions & Pitfalls

  • Co-guardianship can create delays: Even when parents are aligned, having two decision-makers can slow urgent choices if a bank, hospital, or facility insists on both signatures. A court can also appoint one guardian for the person and a different guardian for the estate to reduce friction.
  • Limited guardianship is often overlooked: North Carolina allows the clerk to order limited guardianship and to specify what rights the adult retains. If the evidence shows the adult can make some choices (for example, daily living preferences) but not handle contracts or medical consent, a limited order can fit better than a broad general guardianship.
  • Powers of attorney only work if capacity exists at signing: If the adult child cannot understand the document and the authority being granted, a power of attorney may not be valid. Also, a health care power of attorney covers medical decisions but does not automatically give general authority over money and property.
  • Health care agent vs. guardian issues: If the adult child has a valid health care power of attorney, the health care agent’s authority generally remains in place unless a court later suspends it for good cause. Planning should account for how these roles may interact.
  • Order and letters must match the real need: Hospitals and financial institutions commonly rely on the letters of appointment and the clerk’s order. If the order is too narrow (or too vague), it can still leave gaps in emergencies.

Conclusion

In North Carolina, parents can seek appointment by the Clerk of Superior Court as a general guardian (covering both personal and financial decisions) or as separate guardians of the person and the estate, and the clerk can also order a limited guardianship that preserves specific rights. Powers of attorney can be a better fit when the adult child has capacity to sign them, because they can provide medical and financial authority without an incompetency case. The next step is to file the incompetency petition and guardianship application with the Clerk of Superior Court in the county of residence as soon as legal authority is needed.

Talk to a Guardianship Attorney

If a hospital or provider will not share information or accept decisions for an adult child with disabilities, the right legal tool can make emergencies and routine care much easier to manage. Our firm has experienced attorneys who can help evaluate whether a general guardianship, a limited guardianship, or a power of attorney best matches the situation and the timelines involved. 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.