Short Answer

In North Carolina, if there is no power of attorney, the legal path to make decisions for an unwilling or unable adult is a guardianship through the Clerk of Superior Court. In urgent situations—like ongoing HOA fines or risks to the home—an interim guardian of the estate can be appointed quickly to manage bills and arrange yard work. A permanent guardian (often limited and tailored) can then be appointed to maintain the property and pay expenses. The property owner may act on their own property, but using the mother’s funds requires legal authority.

Understanding the Problem

You’re asking whether, and how, you can resolve HOA fines and get yard work done in North Carolina when your mother refuses access and you lack any signed authority. The decision point is whether you can obtain court‑approved authority to manage maintenance and pay related expenses. One salient fact: there is no power of attorney in place.

Apply the Law

North Carolina uses a court process to determine if an adult lacks capacity and, if so, to appoint a guardian. The Clerk of Superior Court handles these cases. If the standard is met, the court can appoint a guardian of the estate (for finances), a guardian of the person (for care decisions), or a general guardian (both). In emergencies, the court can appoint an interim guardian quickly to protect the person or the estate (including preventing fines or property deterioration). The guardian of the estate can pay HOA dues, hire yard services, and manage bank/brokerage accounts. Hearings are set on a short timeline, and the respondent has important rights, including counsel and personal service.

Key Requirements

• Capacity finding: The court must find the adult lacks sufficient capacity to manage affairs or make/communicate important decisions due to a qualifying condition.
• Proper filing and venue: File a verified petition with the Clerk of Superior Court in the correct county; the court will set a hearing and ensure personal service on the respondent.
• Respondent rights: The adult receives personal service by the sheriff, has the right to counsel, and may request a jury on incompetency.
• Proof standard: The petitioner must prove incompetency by clear, cogent, and convincing evidence; the court may order a multidisciplinary evaluation.
• Type of guardianship: The court tailors the least restrictive option (limited, person, estate, or general) to the adult’s abilities.
• Emergency/interim relief: An interim guardian may be appointed on reasonable cause when there is imminent or foreseeable risk to the person or estate.

What the Statutes Say

• North Carolina Gen. Stat. § 35A-1105 (Petition to begin case) – Starts an incompetency/guardianship proceeding by verified petition.
• North Carolina Gen. Stat. § 35A-1112 (Hearing and proof) – Sets the clear, cogent, and convincing standard and adjudication process.
• North Carolina Gen. Stat. § 35A-1114 (Interim guardian) – Allows quick interim appointments when there’s imminent or foreseeable risk.
• North Carolina Gen. Stat. § 35A-1251 (Guardian of the estate powers) – Authorizes paying bills, managing accounts, and maintaining real property.

Analysis

Apply the Rule to the Facts: With no power of attorney, North Carolina requires a guardianship to authorize use of your mother’s funds and consent to maintenance she refuses. If the evidence shows she cannot manage her affairs or make/communicate important decisions due to a qualifying condition, the court can appoint a guardian of the estate (or a general guardian) to pay HOA dues and contract for yard work. Because fines are accruing and she blocks access, an interim guardian is appropriate to address immediate risk to the home and finances while the full case proceeds.

Process & Timing

1. Who files: Any interested person (including a child). Where: Clerk of Superior Court in the North Carolina county where your mother resides. What: AOC-SP-200 (Petition for Adjudication of Incompetence and Application for Appointment), AOC-SP-201 (Notice of Hearing); consider AOC-SP-208 (Capacity Questionnaire). If urgent, include the interim-guardian request within AOC-SP-200. When: The clerk sets a hearing date promptly after filing; interim motions are heard on an expedited basis.
2. Personal service by the sheriff on your mother; notice to next of kin. The court may order an evaluation. Hearings on the merits are typically set within weeks; timing varies by county.
3. At hearing, if the standard is met, the clerk adjudicates incompetency and appoints the least restrictive guardian. Expect an appointment order (AOC-E-406) and issuance of Letters of Guardianship authorizing the guardian to pay HOA dues and arrange maintenance.

Exceptions & Pitfalls

• Least-restrictive scope: Courts limit guardianship powers to what’s necessary; ask for a limited guardian of the estate if finances are the only need.
• Using funds without authority: Do not use your mother’s funds from joint accounts to pay HOA or yard services until authorized; this can trigger disputes.
• Service and notice: Personal service on the respondent is required; incomplete service delays relief.
• Jurisdiction: If your mother recently moved, the court may confirm North Carolina jurisdiction before proceeding.
• Home access: Even if you own the house, court orders (interim or final) help avoid confrontation and document consent for vendors.

Talk to a Guardianship Attorney

If you’re dealing with blocked yard services and mounting HOA fines without decision-making documents, our firm has experienced attorneys who can help you understand your options and timelines. 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.