Dec282025
Guardianship Q&A Series

What happens if I don’t have guardianship in place when my child turns 18—can I still help with medical, school, or financial decisions? – North Carolina

Short Answer

In North Carolina, when a child turns 18, the child becomes a legal adult. Without adult guardianship (or a signed authorization such as a health care power of attorney), a parent usually cannot access medical information, sign medical consents, control education records, or manage the new adult’s money just because they are the parent. A parent can often still help informally if the 18‑year‑old agrees and signs the right paperwork, but when the 18‑year‑old cannot understand or communicate decisions, a court process may be needed.

Understanding the Problem

In North Carolina, what happens when a parent can no longer sign for a child once the child turns 18, and can the parent still help with medical, school, or financial decisions without an adult guardianship order? The decision point is whether there is legal authority (such as a court-appointed guardian or a signed power of attorney) in place on or after the 18th birthday that allows someone else to act for the new adult.

Apply the Law

North Carolina treats an 18-year-old as an adult for most decision-making. That change affects three common areas: (1) medical care and medical information, (2) education/school information and consents, and (3) financial decisions and access to accounts. If the 18-year-old has capacity and is willing, the adult can sign documents that give a parent authority to help. If the 18-year-old lacks capacity, the Clerk of Superior Court can appoint a guardian after a legal incompetency process and then issue letters of appointment that prove the guardian’s authority.

Key Requirements

  • No automatic parental authority after 18: Turning 18 generally ends the parent’s default ability to sign consents or obtain information based on parent status alone.
  • Legal authority must exist to act for the adult: Authority usually comes from either (a) the adult’s signed documents (for example, a health care power of attorney for medical decisions), or (b) a court appointment of a guardian through the Clerk of Superior Court.
  • The court can tailor guardianship: If guardianship is ordered, the clerk can create a limited guardianship and specify which rights the adult keeps and which powers the guardian has.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a parent preparing for a child who will soon turn 18 and wanting decision-making authority in place. Under North Carolina law, the main issue is that parental authority does not automatically carry over after 18, so medical providers, schools, and financial institutions often require either signed adult-authorizations or proof of court authority. If the child can sign and understand documents, a health care power of attorney can address medical decisions, but it will not cover general financial authority. If the child cannot understand or communicate decisions, the guardianship route typically runs through the Clerk of Superior Court and results in letters of appointment that third parties can rely on.

Process & Timing

  1. Who files: A parent or other interested person. Where: The Clerk of Superior Court in the county where the adult resides in North Carolina. What: A petition to adjudicate incompetence (if needed) and an application for appointment of a guardian; the application must include basic identifying information, next-of-kin, and a general statement of assets and liabilities. When: File as early as possible before the 18th birthday if authority is needed immediately at adulthood, because the court process takes time and schedules vary by county.
  2. Hearing and appointment: If the clerk determines that guardianship is appropriate, the clerk enters an order that identifies the type of guardian (person, estate, or general) and spells out powers and duties; the clerk can also order limited guardianship to preserve specific rights.
  3. Proof of authority: After appointment and qualification, the clerk issues letters of appointment, which are the documents typically shown to medical providers, schools, and banks to demonstrate authority.

Exceptions & Pitfalls

  • Assuming “parent” status is enough after 18: Many providers and schools will not share information or accept signatures without written authority or letters of guardianship.
  • Using the wrong tool for the job: A health care power of attorney can cover medical decisions but, by statute, it does not give general power over property or financial affairs.
  • Skipping limited guardianship analysis: When a person can handle some decisions but not others, requesting a limited guardianship can reduce conflict and preserve rights, but it must be described clearly so the clerk can include it in the order.
  • Not preparing the “estate” side: If the goal includes managing money, benefits, or accounts, the filing should address whether a guardian of the estate is needed and should include an asset/liability summary as required in the guardianship application.

Conclusion

In North Carolina, once a child turns 18, a parent typically cannot make medical, school, or financial decisions without legal authority from the new adult or from the court. If the 18-year-old has capacity, signed authorizations (such as a health care power of attorney) may allow continued help in limited areas. If the 18-year-old cannot make or communicate decisions, adult guardianship through the Clerk of Superior Court may be required, and the next step is to file the incompetency/guardianship paperwork early enough to obtain letters of appointment by the 18th birthday.

Talk to a Guardianship Attorney

If a child is approaching 18 and decision-making authority is needed for medical care, school issues, or finances, our firm has experienced attorneys who can help explain North Carolina’s guardianship process and what documents may be needed before and after the 18th birthday. 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: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.