Do I need a separate case to help my parent with dementia? – North Carolina

Short Answer

Yes. In North Carolina, a guardianship (or an incompetency/guardianship case) is tied to one specific person, so helping a parent with dementia requires a separate court file from any guardianship for an adult child.

The Clerk of Superior Court can only appoint a guardian for the individual named in that case. Even if the same family member plans to serve as guardian in both situations, each person needs their own proceeding and orders.

Understanding the Problem

In North Carolina, can one guardianship case cover decision-making help for two different adults—an adult child who is turning 18 and has limited decision-making abilities, and a parent who has dementia—or must each adult have a separate case in front of the Clerk of Superior Court?

Apply the Law

North Carolina adult guardianship generally begins with a petition asking the Clerk of Superior Court to decide whether the named adult is “incompetent” under Chapter 35A and, if so, to appoint a guardian with authority defined by the order. Because the court’s authority and the guardian’s powers are person-specific, a guardianship file and guardianship letters apply only to the individual named in that case. North Carolina law also builds in protections for the respondent, including a court-appointed attorney as guardian ad litem in most incompetency proceedings and a preference for limiting the guardianship to what is actually needed.

Key Requirements

One person per case: The petition, hearing, and orders identify a single respondent/ward, and the guardian’s authority extends only to that individual.
Incompetency finding first (adult guardianship): Before the clerk appoints a guardian for an adult, the clerk must determine the named adult lacks enough capacity to manage personal affairs or property (with the protections and procedures that apply to that person).
Rights protection through counsel/guardian ad litem: The respondent has a right to representation, and the court typically appoints an attorney as guardian ad litem early in the case; part of that role includes exploring whether a limited guardianship could work.

What the Statutes Say

N.C. Gen. Stat. § 35A-1107 (Right to counsel or guardian ad litem) – Requires appointment of an attorney as guardian ad litem for the respondent unless the respondent retains counsel, and directs the guardian ad litem to determine the respondent’s wishes and consider limited guardianship where appropriate.
N.C. Gen. Stat. § 35A-1114 (Appointment of interim guardian) – Allows an interim guardian in urgent situations, with a hearing required quickly and powers limited to what is necessary.
N.C. Gen. Stat. § 35A-1121 (Single protective arrangement or single transaction without appointing guardian) – In appropriate cases, lets the clerk authorize a single transaction or protective arrangement instead of appointing a continuing guardian.
N.C. Gen. Stat. § 35A-1217 (Guardian ad litem for incompetent ward in certain later proceedings) – Allows appointment of a guardian ad litem in later guardianship-related proceedings if the ward’s interests are not adequately represented.

Analysis

Apply the Rule to the Facts: The situation involves two different people: an adult child nearing adulthood and a parent with dementia. Under North Carolina guardianship procedure, the Clerk of Superior Court’s orders and any “letters” of guardianship are issued for one named individual and do not automatically carry over to another adult. As a result, if guardianship is needed for both, each person’s needs and rights must be evaluated in a separate file, which also helps the clerk tailor authority to least restrictive options for each person.

Process & Timing

Who files: A family member or other interested person. Where: The Office of the Clerk of Superior Court (Guardianship/Incompetency) in the county where the adult resides or is present (county procedures can vary). What: A petition to adjudicate incompetence and request appointment of a guardian; the clerk will also address appointment of an attorney as guardian ad litem for that respondent. When: For a child turning 18, filing can be planned around the 18th birthday; for a parent with dementia, filing typically happens when decision-making help is needed and voluntary tools are not workable.
Urgent situations: If there is an imminent or foreseeable risk to health or to the person’s finances, a verified motion can request an interim guardian. The clerk must set a hearing promptly, and the hearing must occur no later than 15 days after the motion is served on the respondent.
Outcome documents: If incompetency is found, the clerk enters an order and issues guardianship authority documents for that person. Those documents are what banks, health care providers, and others typically rely on to recognize decision-making authority.

Exceptions & Pitfalls

Using the wrong “one size fits all” approach: Dementia-related needs and disability-related needs often differ; separate cases allow the clerk to consider limited guardianship or narrower orders for each individual.
Skipping less restrictive options when they still work: When an adult can still sign releases or appoint an agent, tools like HIPAA authorizations, health care powers of attorney, or financial powers of attorney may reduce or delay the need for guardianship. If capacity has already declined too far, those tools may not be available, and a guardianship case may be necessary.
Not planning for the 18th birthday transition: Once the child becomes a legal adult, parents no longer automatically have access to health information or decision-making authority. Starting early can reduce gaps, but the case still must match the adult’s rights and procedures.
Assuming VA paperwork replaces court authority: Agency-specific forms may help with benefits administration, but they usually do not substitute for a North Carolina court appointment when third parties require legal authority to make decisions.

Conclusion

In North Carolina, a guardianship case applies to one named person, so helping a parent with dementia requires a separate case from any guardianship for an adult child. The Clerk of Superior Court evaluates incompetency and appoints a guardian (often with an attorney guardian ad litem involved) based on that individual’s needs and least restrictive options. If there is an urgent risk, an interim guardian motion triggers a fast timeline, including a hearing within 15 days after service. Next step: file a separate petition for the parent with the Clerk of Superior Court.

Talk to a Guardianship Attorney

If a family is dealing with dementia-related decision-making needs while also planning for an adult child who is turning 18, an attorney can help compare least restrictive options, prepare the correct filings, and map out the timelines in 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.