Dec182025
Guardianship Q&A Series

How can I obtain guardianship for my child who is reaching adulthood while still letting them make everyday choices? – North Carolina

Short Answer

In North Carolina, a parent can seek an adult guardianship through the Clerk of Superior Court after the child turns 18, and the court can tailor the guardianship so the adult child keeps as much decision-making as possible. When the evidence supports it, the clerk can appoint a limited guardian (instead of a full guardian) and spell out exactly which decisions the guardian can make. Planning early helps avoid gaps in authority for healthcare, finances, and access to information once the child becomes a legal adult.

Understanding the Problem

In North Carolina, when a child with developmental disabilities reaches age 18, a parent often asks: can a guardianship be set up so the parent can help with higher-stakes decisions (like medical care and finances) while the adult child still makes everyday choices? The decision point is whether the situation calls for a full guardianship or a more limited court order that supports decision-making while preserving independence. Timing matters because parental legal authority changes when the child becomes a legal adult, and privacy rules can limit access to medical and financial information unless a legal tool is in place.

Apply the Law

North Carolina adult guardianship generally has two stages: (1) an incompetency case to decide whether the adult meets the legal standard for being “incompetent,” and (2) if the clerk finds the person incompetent, an appointment case to decide what type of guardian is needed and who should serve. The Clerk of Superior Court (not a jury in most cases) decides the nature and extent of the guardianship and may order a limited guardianship when the person can still make some decisions. The goal is to match the court order to the person’s actual abilities and needs, rather than taking away more rights than necessary.

Key Requirements

  • Incompetency must be proven: The court must find the adult cannot manage important affairs or make important decisions in a way that protects health, safety, or property (based on evidence presented in the incompetency proceeding).
  • Guardianship must match the person’s capacity: The clerk must determine the nature and extent of the needed guardianship and can order a limited guardianship when appropriate, instead of a broad, all-purpose appointment.
  • The clerk must appoint the most suitable guardian: The clerk considers the adult’s assets, needs, and who can best serve, and may require an evaluation or an agency report about suitability depending on the case.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a parent of an autistic child approaching adulthood with limited decision-making who wants the least restrictive option while still being able to help with healthcare, banking, and access to information affected by privacy rules. In North Carolina, that concern fits the clerk’s duty to decide the nature and extent of guardianship and, when supported by the evidence, to order a limited guardianship rather than a broad one. If the adult child can make everyday decisions (food, clothing, friendships, routine purchases) but struggles with medical consent or managing money, the petition can ask the clerk to limit the guardian’s powers to those areas.

Process & Timing

  1. Who files: Typically a parent or other interested person. Where: The Clerk of Superior Court in the county where the adult child resides or is present in North Carolina. What: The incompetency petition and related court forms required by the local clerk (counties often have packets and checklists). When: The adult guardianship appointment happens only after age 18; many families prepare documents and evaluations ahead of the birthday and file as soon as the adult standard applies.
  2. Evaluation and notice steps: The clerk can require medical or multidisciplinary information to understand decision-making limits and can require additional reports about the proposed guardian’s suitability and the adult’s needs. The court also appoints a representative for the adult child in the incompetency case (often a guardian ad litem or counsel) so the adult’s rights are presented to the clerk.
  3. Hearing and order: At the hearing, the clerk takes evidence, decides whether incompetency is proven, and if so, decides what kind of guardian is needed (guardian of the person, guardian of the estate, or a general guardian). When the evidence supports it, the clerk can enter a limited guardianship order that lists which decisions the guardian can make and leaves remaining decisions with the adult child.

Exceptions & Pitfalls

  • Assuming “guardianship” is the only option: In some situations, a one-time court-approved protective arrangement may solve a specific problem (for example, authorizing a single transaction) without appointing an ongoing guardian. This works only when the problem is narrow and the clerk agrees continuing guardianship is unnecessary.
  • Requesting broader powers than the evidence supports: If the facts show the adult child can make many day-to-day decisions, a petition that asks for maximum authority can create avoidable conflict and may not align with the clerk’s duty to tailor the guardianship to actual capacity.
  • Privacy and access issues: Even with a supportive family, healthcare providers and financial institutions may limit information-sharing once the child turns 18. A limited guardianship order can address decision-making authority, but the order should be drafted carefully so third parties can understand what the guardian can and cannot do.
  • Cost and ongoing administration surprises: Guardianships often require ongoing reporting and court oversight, especially when the guardian handles money. Fees and costs vary by county and case complexity, and some costs may be payable from the ward’s funds if the clerk approves, but that is fact-dependent and not automatic.
  • Mixing different family members’ needs into one case: A guardianship for a young adult is a separate matter from helping an older parent with dementia. Even when the same family member needs help with VA-related paperwork, the clerk generally treats each allegedly incompetent adult as a separate case requiring its own petition, evidence, and hearing.

Conclusion

In North Carolina, a parent can obtain adult guardianship through the Clerk of Superior Court and ask the clerk to order a limited guardianship that preserves everyday decision-making while granting authority only in the areas where help is truly needed. The clerk must determine the nature and extent of the guardianship and can tailor the order to match the adult child’s actual abilities. A practical next step is to prepare the incompetency filing package and plan to file with the Clerk of Superior Court promptly once the child turns 18.

Talk to a Guardianship Attorney

If a family is dealing with a child nearing age 18 and needs a least-restrictive North Carolina guardianship plan that still allows everyday independence, an attorney can help map out the right type of filing, the evidence typically needed, and the timelines in the local 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: 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.