Feb42026
Guardianship Q&A Series

How do I set up a supported decision-making agreement for an adult who is struggling with addiction but is still working and functioning day to day? – North Carolina

Short Answer

In North Carolina, a supported decision-making agreement is typically set up as a private, written plan where the adult chooses trusted “supporters” to help gather information, weigh options, and communicate decisions—without giving up legal rights the way guardianship does. The practical steps are to define the exact decisions where support is needed (often finances and treatment), pick supporters, put clear permissions in writing (including what information can be shared), and build in safeguards like limits, check-ins, and an easy way to revoke the agreement. If the adult cannot or will not participate voluntarily, a court-based option (like guardianship or a limited protective order) may be needed.

Understanding the Problem

In North Carolina guardianship law, the core question is often: can an adult who is still working and functioning day to day use a voluntary, less-restrictive tool to get decision support—especially around money and health choices—without a court finding of incompetency? In an addiction scenario, the trigger is usually a pattern of risky financial decisions (missed major bills, rapid asset depletion, repeated attempts to access cash or credit) while the adult still appears capable in other areas. A supported decision-making agreement focuses on support and structure rather than taking away decision-making authority.

Apply the Law

North Carolina strongly prefers solutions that fit the person’s actual needs and avoid unnecessary loss of rights. A supported decision-making agreement is not the same thing as guardianship: it does not transfer legal authority to a parent or supporter. Instead, it documents the adult’s choice to receive help understanding options, accessing information, and communicating decisions. If a court process becomes necessary, North Carolina law also allows certain limited, court-ordered protective steps in appropriate cases rather than automatically requiring a full guardianship.

Key Requirements

  • Voluntary choice by the adult: The adult must agree to the arrangement and choose the supporter(s). If participation is coerced or the adult refuses, the agreement will not work as intended.
  • Clear scope (what decisions get support): The agreement should spell out the specific areas where support is needed (for example, budgeting, bill payment planning, treatment scheduling, or communicating with providers), and what is out of scope (for example, no authority to sign contracts or open credit in the adult’s name).
  • Written permissions and safeguards: Support often requires access to information. The agreement should include written releases (as needed) and practical guardrails such as spending plans, meeting cadence, and a simple revocation process.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the adult’s day-to-day functioning and continued employment suggest that a voluntary, less-restrictive approach may be realistic if the adult will participate. The urgent risk appears financial: falling behind on major bills, rapidly depleting investments, and continuing to seek cash and credit. A supported decision-making agreement can target those specific risks by putting trusted supporters in a defined role (information gathering, planning, accountability) while keeping the adult as the decision-maker. If the adult refuses support or cannot follow the plan consistently, the situation may shift toward court involvement focused on a narrow protective need rather than a broad loss of rights.

Process & Timing

  1. Who sets it up: The adult (the person needing support), with chosen supporters. Where: Privately (no court filing required for the agreement itself). What: A written supported decision-making agreement plus targeted releases (for example, permission to speak with a bank, landlord, or health provider) and a practical “money safety plan.” When: As soon as the financial harm pattern is identified, before more assets are depleted.
  2. Define the scope and guardrails: List the exact decisions that trigger support (for example, any new credit application, withdrawals over a set amount, liquidation of investments, or missed bill notices). Set a meeting schedule (weekly at first), a document-sharing routine, and a rule that supporters do not receive passwords or unlimited access unless a separate legal tool authorizes it.
  3. Build an escalation path: If the adult misses agreed check-ins or continues high-risk transactions, the plan should identify next steps (for example, treatment intake appointment, financial counseling, or consultation about whether a court should be asked for a limited protective arrangement under North Carolina law).

Exceptions & Pitfalls

  • Expecting the agreement to give legal control: A supported decision-making agreement does not, by itself, let a supporter block spending, freeze accounts, or sign on the adult’s behalf. If legal authority is needed, other tools (or a court order) may be required.
  • Vague scope: Broad language like “support with finances” often fails in real life. The agreement works better when it names specific triggers (credit, large withdrawals, investment liquidation, recurring bills) and specific supporter tasks (gather statements, create a bill calendar, attend meetings, help communicate with providers).
  • No information-sharing permissions: Without written releases, banks, landlords, and health providers may refuse to discuss issues with supporters. A practical plan usually includes targeted authorizations that match the scope of support.
  • Unsafe access to cash and credit: Giving supporters passwords, debit cards, or open-ended access can create conflict and can expose everyone to allegations of misuse. If any access is needed, it should be limited, documented, and consistent with the adult’s instructions.
  • Waiting too long to consider court options: If the adult cannot consent to protective steps or is being exploited, North Carolina has court processes that may authorize protective services or a limited protective arrangement in appropriate cases, but those require evidence and procedure.

Conclusion

In North Carolina, a supported decision-making agreement is usually a voluntary, written plan where the adult keeps legal decision-making power but chooses supporters to help gather information, weigh options, and communicate decisions—often with targeted releases and clear guardrails for high-risk financial choices. In an addiction-driven money crisis, the agreement should be narrow, specific, and built around concrete triggers like new credit, large withdrawals, and missed bills. The next step is to draft and sign the written agreement and information releases promptly, before more assets are depleted.

Talk to a Guardianship Attorney

If you’re dealing with an adult child’s escalating addiction and urgent financial harm but want a less-restrictive alternative to a court guardianship, our firm has experienced attorneys who can help explain options and timelines under North Carolina law. Call us today at [CONTACT NUMBER].

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.