Short Answer

In North Carolina, the main legal pathway is a guardianship case before the Clerk of Superior Court. You can ask for a guardian of the person (to decide housing and care) and, if needed, a guardian of the estate (to manage money), with emergency or interim relief available if safety is at risk. The court must consider less restrictive alternatives first (such as supported decision-making, care management, or a representative payee). If you believe your mother is at immediate risk of abuse, neglect, or exploitation, contact Adult Protective Services right away.

Understanding the Problem

You want to know if you can arrange safe housing and care for your mother in North Carolina when she cannot make or communicate those decisions herself. The decision point is whether you must ask the Clerk of Superior Court to authorize someone to make housing and care choices for her now. One key fact here is that there are no powers of attorney in place.

Apply the Law

Under North Carolina law, guardianship is a court process that first determines whether an adult lacks sufficient capacity to manage affairs or make important decisions. If so, the Clerk appoints a guardian tailored to the person’s needs: a guardian of the person (health, housing, care), a guardian of the estate (money, property), or a general guardian (both). The proceeding happens in the county where your mother resides, and the respondent must be personally served and is appointed a guardian ad litem. Courts must consider less restrictive alternatives and can limit guardianship to what is necessary. Emergency or interim relief is available when immediate protection is needed.

Key Requirements

• Incapacity finding: The court must find clear evidence that your mother cannot manage her affairs or make/communicate important decisions.
• Less restrictive alternatives: You must show what options (supported decision-making, representative payee, care management, technology, third-party bill pay) were considered and why they are not enough.
• Proper venue and notice: File in the county where she resides; she must be personally served, and a guardian ad litem will be appointed.
• Right-sized guardianship: Guardian of the person for housing/care; guardian of the estate for finances; or general guardian for both, with authority limited to what’s needed.
• Emergency protection: Interim or emergency orders can temporarily authorize safe placement, access for repairs, or control of funds to meet urgent needs.
• Use of funds and accounting: If a guardian of the estate is appointed, they must use your mother’s funds solely for her benefit and report to the court.

What the Statutes Say

• North Carolina Gen. Stat. § 35A-1105 (Petition to adjudicate incompetence) – Starts the case to determine capacity.
• North Carolina Gen. Stat. § 35A-1112 (Hearing and standard) – Governs the hearing and proof needed for incompetence.
• North Carolina Gen. Stat. § 35A-1241 (Guardian of the person: powers and duties) – Authorizes decisions about care, custody, and residence.
• North Carolina Gen. Stat. § 35A-1251 (Guardian of the estate: powers) – Lists powers to collect, manage, and use funds for the ward’s benefit.

Analysis

Apply the Rule to the Facts: Because there is no power of attorney and your mother blocks needed help, a guardian of the person can authorize in‑home services, access for repairs, or a move to safer housing if required. The joint accounts and accusations of misuse suggest appointing a neutral guardian of the estate or limited financial authority to protect her funds and to account for spending. If conditions are unsafe (e.g., HOA violations, blocked repairs), you can seek emergency or interim orders to stabilize care and property access while the full case proceeds.

Process & Timing

1. Who files: You (or the county human services agency). Where: Clerk of Superior Court in your mother’s North Carolina county of residence. What: File the Petition for Adjudication of Incompetence and Application for Appointment of Guardian (AOC‑SP‑200) and, if helpful, the Guardianship Capacity Questionnaire (AOC‑SP‑208), available on the North Carolina Judicial Branch website. When: File as soon as safety or self‑neglect is apparent; request interim/emergency relief if needed.
2. After filing, the sheriff personally serves your mother; the clerk appoints a guardian ad litem and may order a multidisciplinary evaluation. Hearings are typically set within weeks; timing varies by county. Emergency or interim relief can be requested immediately.
3. If incompetence is found, the clerk appoints a guardian of the person, the estate, or both. The guardian qualifies, posts any required bond, and receives Letters. The guardian then implements a care and housing plan and, if applicable, manages funds with court‑supervised reporting.

Exceptions & Pitfalls

• Courts must consider less restrictive options first; be ready to explain why supports like a representative payee, care manager, or supported decision‑making won’t keep her safe.
• Conflicts over money suggest asking for a neutral guardian of the estate; never use joint funds for anything but your mother’s benefit, and keep detailed records.
• Claims of a “life right” to occupy a home not reflected in a deed can complicate housing changes; seek court guidance before removing a person from a residence.
• Service and notice are strict; personal service on your mother is required, and a guardian ad litem will participate—build your record with reliable medical and functional evidence.
• If your mother is moved across state lines, multi‑state jurisdiction rules can affect which court decides guardianship; consult before relocating.

Talk to a Guardianship Attorney

If you’re dealing with urgent questions about housing and care for a loved one who can’t decide, 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.