Jan132026
Guardianship Q&A Series

How do I get guardianship for a parent with dementia who refuses help and won’t agree to move into a memory-care facility? – North Carolina

Short Answer

In North Carolina, when a parent’s dementia prevents them from safely managing personal care or important decisions and they refuse help, guardianship usually starts with filing an incompetency petition with the Clerk of Superior Court in the county where the parent lives. If the situation is urgent (for example, serious safety hazards or an imminent eviction), the court can sometimes appoint an interim guardian with limited powers before the full incompetency hearing. Guardianship is not automatic and the court will look for whether less restrictive options could work before taking away decision-making rights.

Understanding the Problem

In North Carolina guardianship cases involving dementia, the central question is whether a parent can be placed under court-ordered decision-making authority when the parent refuses assistance and will not agree to move into a memory-care facility. The decision point is whether the parent’s condition has reached the point where the Clerk of Superior Court can declare the parent legally incompetent and then appoint a guardian to make certain decisions. Timing often matters when there is a safety crisis at home or a housing crisis such as an imminent eviction.

Apply the Law

North Carolina uses a court process to decide whether an adult is an “incompetent adult” and, if so, whether a guardian should be appointed. The proceeding is handled through the Clerk of Superior Court. The legal standard focuses on capacity: whether the adult lacks sufficient capacity to manage affairs or to make or communicate important decisions about personal needs, family, or property, and whether a less restrictive alternative could meet the need without guardianship.

Key Requirements

  • Legal incapacity (not just a diagnosis): Dementia symptoms matter because they affect the ability to manage affairs or make/communicate important decisions, not because of the label alone.
  • Need for a guardian and the right type of guardian: The court can appoint a guardian of the person (care and placement decisions), a guardian of the estate (financial decisions), or a general guardian (both), depending on what problems exist.
  • No workable less restrictive alternative: If tools like a valid power of attorney, health care power of attorney, supported decision-making, or other arrangements can sufficiently protect the parent, the court may treat guardianship as unnecessary or too broad.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe worsening dementia symptoms (including hallucinations), safety hazards at home, and an imminent eviction. Those facts tend to support the “capacity” element because they point to difficulty making and carrying out safe decisions about housing and personal well-being. They also support the “need” element because eviction and home safety hazards can create immediate risks that often require someone to consent to services, coordinate placement, and stabilize housing. If there is no valid power of attorney or health care power of attorney that can be used (or if the parent cannot cooperate enough for those tools to work), the “less restrictive alternative” element may also point toward guardianship.

Process & Timing

  1. Who files: Typically an adult child or other concerned person. Where: The Clerk of Superior Court in the parent’s North Carolina county of residence. What: A verified petition to adjudicate incompetence, often paired with an application to appoint a guardian (and, if urgent, a verified motion for an interim guardian). When: File as soon as the safety/housing crisis becomes clear; an interim-guardian motion is designed for situations needing immediate intervention.
  2. Urgent track (if eviction/safety risk is imminent): After an interim-guardian motion is filed, the clerk must set a hearing promptly, and the hearing must be held as soon as possible but not later than 15 days after the motion is served on the parent (the “respondent”). If granted, the interim guardian’s powers should be limited to what is necessary to address the emergency and the appointment is temporary.
  3. Full track (incompetency adjudication and guardianship appointment): The case proceeds to an incompetency hearing where evidence is presented about capacity and whether less restrictive alternatives could work. If the clerk adjudicates incompetence, the clerk can then appoint the appropriate type of guardian (person, estate, or both) and issue letters and orders defining the guardian’s authority.

Exceptions & Pitfalls

  • Less restrictive alternatives can change the outcome: If a workable, already-signed power of attorney or health care power of attorney exists and can be used effectively, the court may view full guardianship as unnecessary or may limit the scope.
  • Seeking the wrong type of guardianship: A placement problem (refusing memory care) often points toward a guardian of the person, while unpaid bills/lease issues point toward a guardian of the estate. Asking for broader authority than needed can create delays and objections.
  • Emergency requests must be supported with specific facts: Interim guardianship requires facts showing reasonable cause of incompetence plus an imminent or foreseeable risk of harm to physical well-being and/or the estate. Vague concerns can lead to denial or a very narrow order.
  • Service and notice problems: Incompetency and interim-guardian motions have service/notice requirements. If service is not handled correctly, hearings can be continued and urgent relief can be delayed.
  • Trying to “act like a guardian” before appointment: Taking over accounts, signing contracts, or moving a parent without authority can create conflict with facilities, landlords, banks, and other family members and may complicate the court case.

For additional background on how North Carolina courts evaluate guardianship requests, see what the court needs to see to approve guardianship for an adult parent. For a related scenario involving where to start when family members are in different locations, see how to start the process when the adult child lives out of state.

Conclusion

In North Carolina, guardianship for a parent with dementia who refuses help generally requires filing an incompetency petition with the Clerk of Superior Court in the parent’s county and proving the parent lacks capacity to manage affairs or make/communicate important decisions, with no workable less restrictive alternative. When eviction or safety hazards create an urgent risk, a verified motion for an interim guardian may provide temporary, limited authority while the case is pending. The next step is to file the verified petition (and, if needed, the interim-guardian motion) with the clerk promptly.

Talk to a Guardianship Attorney

If a parent’s dementia is creating safety risks and a housing crisis, and the parent refuses care or placement, a guardianship case may be the tool that allows needed decisions to be made through the Clerk of Superior Court. Our firm has experienced attorneys who can help explain options, prepare the filings, and track urgent 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.

Category: Guardianship Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.