Can my spouse and I both be appointed as guardians, and what problems come up if we are co-guardians? – North Carolina

Short Answer

Yes. In North Carolina, the clerk of superior court can appoint more than one person to serve as guardian, including spouses serving together, and can tailor the appointment to the adult child’s needs (for example, a limited guardianship or separate roles for personal decisions versus money management). The most common co-guardian problems are decision-making deadlocks, inconsistent communication with doctors and facilities, extra paperwork and court oversight, and increased risk of conflict that can lead to court intervention or removal. Planning in advance for “who decides what” usually prevents most issues.

Understanding the Problem

In North Carolina guardianship cases, can two spouses both be appointed as guardians for an adult child, and if the clerk of superior court appoints co-guardians, what practical problems tend to arise when two people share the same authority to make decisions for an adult who has limited judgment and is vulnerable to exploitation?

Apply the Law

North Carolina guardianship appointments are handled by the clerk of superior court, who has ongoing authority over the case after appointment. The clerk can structure a guardianship to fit the ward’s needs and can address conflicts between guardians, adjust bond, and remove a guardian for “cause” if needed to protect the ward. Even when co-guardians are appointed, each guardian must follow the appointment order, stay within any limits the clerk sets, and carry out fiduciary duties in the ward’s best interests.

Key Requirements

Proper appointment and scope: The clerk’s order and letters of appointment control who is guardian (one person or two) and what decisions the guardian(s) can make (person, estate, or both; limited vs. broader authority).
Ability to cooperate and make timely decisions: Co-guardians need a workable plan for how decisions get made and communicated to third parties (health providers, hospitals, banks, benefit agencies).
Ongoing court supervision and accountability: Guardians remain under the clerk’s jurisdiction and must comply with reporting, accounting, bond (when applicable), and court orders; disputes can return to the clerk for resolution.

What the Statutes Say

N.C. Gen. Stat. § 35A-1203 (Jurisdiction; authority of clerk) – Places guardianship appointment and ongoing supervision with the clerk of superior court and gives the clerk authority to resolve disputes between guardians and remove a guardian for cause.
N.C. Gen. Stat. § 35A-1290 (Removal by clerk) – Lists grounds for removal, including mismanagement, neglect, conflicts of interest, failure to obey orders, and failure to file required accountings.

Analysis

Apply the Rule to the Facts: The facts describe parents seeking a limited guardianship for an adult child who can handle basic daily tasks but struggles with higher-level judgment, recurring-bill budgeting, medication consistency, and vulnerability to scams, and who recently left unexpectedly and was hospitalized. A co-guardian appointment can help share workload and provide continuity for medical and safety decisions, but it also increases the need for a clear division of responsibilities and a consistent communication plan so facilities, providers, and financial institutions know whose direction controls. Because the clerk keeps authority over the case, unresolved disagreements between co-guardians can end up back before the clerk, delaying time-sensitive decisions. If either co-guardian mishandles funds, neglects care, or fails court-required filings, the clerk can intervene and remove a guardian to protect the ward.

Process & Timing

Who files: Typically a parent or other interested person. Where: Office of the Clerk of Superior Court in the county where the adult resides or is present for the proceeding. What: A petition asking the clerk to appoint a guardian (and requesting either co-guardians or separate guardian roles, such as guardian of the person and guardian of the estate, depending on the needs). When: As soon as decision-making authority is needed for medical, placement, or financial safety issues; timing can matter when a hospitalization or discharge planning is underway.
Hearing and appointment structure: If the clerk finds guardianship is needed, the clerk can issue an order that appoints one guardian or co-guardians and can limit powers to only the areas where the adult needs help (for example, medical decision-making and protection from exploitation, while leaving day-to-day independence intact).
After appointment: The clerk issues letters of appointment, and the guardians must follow the order’s limits, cooperate with each other, and comply with ongoing clerk oversight (including bond and accountings when required for financial authority). If co-guardians cannot agree, an interested person can ask the clerk to resolve the dispute, adjust authority, or replace a guardian.

Exceptions & Pitfalls

Deadlock risk: Two equal co-guardians can stall decisions if they disagree on treatment, medication oversight, living arrangements, or internet/financial controls. A deadlock can force a return to the clerk for instructions, which can slow urgent decisions.
Mixed messages to providers and facilities: Hospitals and behavioral-health facilities often require clear documentation of authority. If one co-guardian gives instructions and the other contradicts them, staff may pause non-emergency decisions until the guardians resolve it or the clerk clarifies authority.
Financial controls and vulnerability to exploitation: If co-guardians share financial authority without a clear system (who pays recurring bills, who monitors accounts, who reviews spending), missed payments and scam losses become more likely. For estate authority, accountings and bond requirements can increase administrative burden.
Unequal workload and burnout: One co-guardian often ends up doing most tasks (appointments, refill monitoring, paperwork). If the order does not assign duties, resentment and conflict can grow, increasing the odds of a petition to the clerk to modify or remove a guardian.
Conflict of interest concerns: If one co-guardian has a private interest that conflicts with the ward’s best interests (including financial conflicts), the clerk can remove that guardian for cause.
Failure to comply with clerk oversight: Missed filings, ignored citations, or failure to file required accountings can trigger court action, including removal, even if the other co-guardian is trying to do the right thing.

Conclusion

In North Carolina, the clerk of superior court can appoint spouses as co-guardians, and the appointment order can limit powers to the areas where the adult child needs help. Co-guardianship works best when the order clearly allocates decision-making and day-to-day responsibilities, because equal authority can create deadlocks, inconsistent communications with providers, and added court compliance burdens. The key next step is to file a guardianship petition with the Clerk of Superior Court requesting a limited structure that clearly defines each co-guardian’s role.

Talk to a Guardianship Attorney

If a family is dealing with an adult child who needs support with medical decisions, safety planning, and protection from exploitation, our firm has experienced attorneys who can help explain options for a limited guardianship and how to structure co-guardian roles to reduce conflict and delays. 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.