Jan262026
Guardianship Q&A Series

How do I move forward with getting legal authority to access my parent’s bank account to pay for memory care? – North Carolina

Short Answer

In North Carolina, a bank usually will not allow access to a parent’s account unless there is valid legal authority—most commonly a properly executed power of attorney or court-issued guardianship “letters.” If a usable power of attorney already exists, the next step is often presenting it (and any bank-required paperwork) to the financial institution. If no power of attorney exists, or the bank will not honor it, the usual path is filing an incompetency/guardianship case with the Clerk of Superior Court to be appointed guardian of the estate (or general guardian) so bills like memory care can be paid from the parent’s funds.

Understanding the Problem

In North Carolina guardianship cases, the core question is: can a family member get court-recognized authority to manage a parent’s money—specifically bank accounts—so memory care bills can be paid when the parent cannot handle finances and the bank refuses access without legal paperwork? The decision point is whether legal authority already exists (such as a valid financial power of attorney) or whether a guardianship through the Clerk of Superior Court is needed to create that authority.

Apply the Law

North Carolina generally treats access to an adult’s bank account as a financial decision that requires formal authority. That authority typically comes from (1) an agent acting under a valid power of attorney, or (2) a guardian appointed by the Clerk of Superior Court with authority over the person’s estate (money and property). If there is an urgent risk to the person’s finances while a guardianship case is pending, North Carolina law also allows a request for an interim guardian with limited, short-term powers. Guardianship matters are handled in a special proceeding before the Clerk of Superior Court in the county with jurisdiction.

Key Requirements

  • Legal authority document: Either a valid power of attorney the bank will accept, or court-issued guardianship “letters” appointing a guardian of the estate (or a general guardian) with authority to manage funds.
  • Proper forum and appointment: Guardianship appointments are made by the Clerk of Superior Court, who has original jurisdiction over adult guardianship appointments and ongoing supervision.
  • Ongoing court oversight for estate authority: When authority comes from guardianship over the estate, the guardian typically must follow court rules for safeguarding funds and reporting/accounting, which affects how quickly and how broadly money can be used.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the parent is in memory care and the facility must be paid, but the bank will not allow access without legal authority. That fact pattern usually points to either (1) locating and using an existing financial power of attorney that the bank will accept, or (2) filing a guardianship case so the Clerk of Superior Court can appoint a guardian of the estate (or general guardian) and issue letters that banks typically require before allowing account access. If bills are coming due and the estate is at risk (late fees, discharge risk, or unpaid care), a request for an interim guardian may be appropriate while the full case proceeds.

Process & Timing

  1. Who files: Typically an adult child or other interested person. Where: The Clerk of Superior Court in the appropriate North Carolina county. What: A petition to have the parent adjudicated incompetent and to appoint a guardian (often a guardian of the estate if the main need is paying bills and managing accounts). When: As soon as the bank refuses access and ongoing care bills must be paid.
  2. Consider a faster, limited request if money is at immediate risk: If there is an imminent or foreseeable risk of harm to the parent’s estate that requires immediate intervention, a verified motion for an interim guardian can be filed in the same case. The clerk must set a hearing promptly, and the hearing must be held as soon as possible but no later than 15 days after the motion is served on the respondent.
  3. After appointment: Once appointed, the guardian receives court-issued “letters” and then works with the bank to retitle or gain access to accounts as required. For a guardian of the estate, the clerk’s supervision typically includes financial reporting and documentation, so recordkeeping should start immediately (bank statements, invoices, receipts, and a clear ledger of payments to the facility).

Exceptions & Pitfalls

  • A power of attorney may solve the problem—or may not: If a valid financial power of attorney exists, it may allow account access without guardianship, but banks often require specific forms or review. Also, some institutions may stop honoring a power of attorney after receiving notice of an incompetency adjudication or other terminating event, depending on the account type and circumstances.
  • Wrong type of authority: A health care power of attorney generally covers medical decisions, not bank access. For paying memory care, the authority usually must be financial (power of attorney) or a guardian of the estate (or general guardian).
  • Informal “help” can create risk: Paying bills personally without a clear reimbursement plan and documentation can lead to family disputes or later questions in a court-supervised guardianship accounting. Keeping receipts and a simple payment log helps protect everyone.
  • Guardianship brings ongoing duties: A guardian of the estate is typically expected to safeguard funds, keep the parent’s money separate, and be ready to show bank statements and supporting documentation when accounts are filed with the clerk.

Conclusion

In North Carolina, legal authority to access a parent’s bank account for memory care usually comes from a valid financial power of attorney or from a court-appointed guardian of the estate (or general guardian) through the Clerk of Superior Court. When no usable power of attorney exists, the next step is to file a guardianship case and request appointment as guardian so the clerk can issue letters the bank will recognize. If immediate financial harm is likely, a motion for an interim guardian may be filed, with a hearing required within 15 days after service.

Talk to a Guardianship Attorney

If a parent is in memory care and a bank will not allow account access without legal authority, a guardianship or power-of-attorney review can clarify the fastest path and the required paperwork. Our firm has experienced attorneys who can help explain options, prepare filings, and track 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.