Feb52026
Guardianship Q&A Series

If my relative can no longer sign documents, what options do we have to get authority to manage their care and finances? – North Carolina

Short Answer

In North Carolina, authority usually comes from (1) powers of attorney signed while the person still had capacity, or (2) a court-ordered adult guardianship when the person can no longer legally sign or understand what they are signing. For health care decisions, a Health Care Power of Attorney can work if it was properly signed earlier; otherwise, a guardian of the person may be needed. For finances, a durable financial power of attorney can work if it was signed earlier; otherwise, a guardian of the estate (or a general guardian) may be needed through the Clerk of Superior Court.

Understanding the Problem

In North Carolina guardianship situations, the key question is what legal path allows a family member to act when an older relative with dementia can no longer sign admissions paperwork, consent forms, or financial documents. The decision point is whether the relative still has enough legal capacity to sign valid documents that appoint an agent, or whether a court process is required to appoint someone to act. This issue often comes up during a move and a planned placement in a memory care facility, where the facility and medical providers need clear authority for care decisions and payment arrangements.

Apply the Law

North Carolina generally recognizes two main routes to decision-making authority for an adult who cannot manage their own affairs: (1) an agent acting under a valid power of attorney signed by the adult while competent, and (2) a guardian appointed by the court after an incompetency proceeding. Adult guardianship cases are handled through the Clerk of Superior Court, who has original jurisdiction over appointing guardians and supervising the guardianship. The type of authority needed often splits into two tracks: health care/care decisions and financial/property decisions.

Key Requirements

  • Capacity vs. incapacity: If the relative still has legal capacity, the relative may be able to sign powers of attorney; if not, the family usually must pursue guardianship.
  • Match the tool to the job: Health care authority typically comes from a Health Care Power of Attorney (or a guardian of the person). Financial authority typically comes from a durable financial power of attorney (or a guardian of the estate).
  • Proper forum and paperwork: When guardianship is needed, the case is filed and decided with the Clerk of Superior Court in the proper county, and the clerk appoints the appropriate type of guardian (person, estate, or both).

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe an older relative with dementia who is being moved and will be placed in a memory care facility, and the relative can no longer sign documents. If the relative is already past the point of understanding and signing legal documents, new powers of attorney are usually not a reliable option, and a North Carolina adult guardianship case is often the practical route to obtain authority for both care decisions and finances. If valid documents were signed earlier (for example, a Health Care Power of Attorney), those documents may cover some decisions and reduce the need for guardianship, but facilities and financial institutions often still require proof of authority that matches the specific task.

Process & Timing

  1. Who files: Typically an interested person (often a family member). Where: The Clerk of Superior Court in the appropriate North Carolina county under the venue rules. What: A petition to have the adult adjudicated incompetent and an application requesting appointment of the appropriate guardian type (guardian of the person, guardian of the estate, or general guardian). When: As soon as it becomes clear that the relative cannot legally sign and decisions must be made for placement, medical care, or bill-paying.
  2. Notice and evaluation/hearing steps: The court process typically includes notice to required family members/parties and a hearing where the clerk determines incompetency and, if found, appoints a guardian. Timing can vary by county and by whether an emergency or interim appointment is requested.
  3. After appointment: The clerk issues letters/authority for the guardian, and the guardian then uses those to work with the memory care facility, medical providers, and financial institutions. If the appointment includes financial authority, ongoing reporting/accounting requirements may apply.

Exceptions & Pitfalls

  • Trying to sign documents “too late”: A power of attorney signed after capacity is lost can be challenged or rejected by facilities and banks, which can force a guardianship anyway.
  • Having only one kind of authority: A Health Care Power of Attorney generally covers medical and placement-related consent, but it does not automatically give authority over money. A financial power of attorney may not solve medical consent problems. This mismatch often shows up during memory care admission.
  • Venue and cross-border issues: Moving between jurisdictions can create confusion about where to file and what orders are recognized. If there is already an out-of-state guardianship, North Carolina may require additional steps for authority here, depending on what needs to be done and where assets are located. For related reading, see whether a memory care facility will accept out-of-state guardianship paperwork.

Conclusion

In North Carolina, when a relative can no longer sign documents due to dementia, authority usually comes from either previously signed powers of attorney (health care and/or financial) or a court-ordered adult guardianship. Guardianship is handled by the Clerk of Superior Court and can appoint a guardian of the person, guardian of the estate, or a general guardian, depending on what decisions must be made. The most important next step is to file the incompetency/guardianship paperwork with the Clerk of Superior Court in the proper county as soon as placement and bill-paying decisions cannot wait.

Talk to a Guardianship Attorney

If a family is dealing with a relative who can no longer sign paperwork for memory care placement, medical decisions, or financial management, our firm has experienced attorneys who can help explain options and timelines under North Carolina law. 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.