Dec162025
Guardianship Q&A Series

What is a guardianship bond and why is it required if I’m already guardian of the person? – North Carolina

Short Answer

In North Carolina, a guardianship bond is a financial guarantee (usually issued by a surety company) meant to protect the ward’s money and property if a guardian mishandles funds. Even if someone already serves as “guardian of the person” (making medical and day-to-day decisions), the court typically requires a bond before issuing letters that allow access to the ward’s accounts as a general guardian or guardian of the estate. The bond is tied to financial authority, not to personal-care authority, and the Clerk of Superior Court uses it as a safeguard and accountability tool.

Understanding the Problem

In North Carolina guardianship cases, a common question is: can a person who already has guardianship of the person also manage an incapacitated parent’s finances without posting a bond? The decision point usually arises when the Clerk of Superior Court requires an oath and a bond before issuing letters of general guardianship (or letters of guardianship of the estate). Those letters are often needed to deal with banks and other institutions, so the bond requirement becomes the practical step that determines whether financial access can begin.

Apply the Law

North Carolina separates authority over personal decisions from authority over property. A “guardian of the person” focuses on care, living arrangements, and similar personal needs. A “guardian of the estate” (and most “general guardians”) manage money and property. When a guardian will receive or control the ward’s property, North Carolina law generally requires a bond approved by the Clerk of Superior Court before letters of appointment are issued for financial authority. The amount is usually based on the value of the ward’s property and expected income, and the bond is conditioned on the guardian faithfully performing duties and following lawful orders.

Key Requirements

  • Financial authority trigger: A bond is primarily connected to receiving, holding, or controlling the ward’s property (bank accounts, income, proceeds of sales), not to making personal-care decisions.
  • Clerk approval and amount: The Clerk of Superior Court approves the bond and sets the bond amount based on the ward’s assets and expected income; different multipliers can apply depending on whether the bond uses a surety company.
  • Oath and letters: The guardian typically completes an oath, files the bond, and then receives letters (often required by banks) showing legal authority to act.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a guardian who already has authority over personal decisions for an incapacitated parent but now needs financial authority to access accounts. Under North Carolina’s framework, expanding from guardian of the person to general guardian (or guardian of the estate) typically triggers the bond requirement because the guardian will be receiving and managing the ward’s property. The clerk’s direction to complete an oath and obtain a surety bond before issuing letters matches the statutory process for financial authority.

Process & Timing

  1. Who files: The appointed guardian (or proposed general guardian/guardian of the estate). Where: The Clerk of Superior Court in the county where the guardianship case is pending. What: The guardian typically completes the required oath and files proof of an approved bond (often a surety bond arranged through a bonding company). When: Before letters of appointment for financial authority are issued and before the guardian receives or controls the ward’s property.
  2. Bond set-up and approval: A surety company usually issues the bond after an application and underwriting review. The clerk must approve the bond amount and form; some counties require specific formatting or an original sealed bond. Timing depends on the surety’s underwriting and the clerk’s review.
  3. Letters issued and institutions notified: After the oath and bond are accepted, the clerk issues letters (for example, letters of general guardianship or letters of guardianship of the estate). Banks and other institutions often require certified copies of letters before granting access or changing account authority.

Exceptions & Pitfalls

  • Assuming “guardian of the person” includes money authority: In North Carolina, personal-care authority and financial authority are treated differently; banks often refuse access without letters showing estate/general authority.
  • Bond amount surprises: The clerk sets the bond based on asset values and expected income; changes in the ward’s assets (for example, selling property) may require an increased bond before proceeds are received.
  • Administrative delays: Surety underwriting, missing signatures, or filing the wrong bond form can delay letters. County practices can vary, so confirming local clerk requirements early can prevent repeat trips.

Conclusion

In North Carolina, a guardianship bond is a safeguard that protects the ward’s money and property when a guardian will manage finances. Even if someone already serves as guardian of the person, the Clerk of Superior Court will usually require a bond (and an oath) before issuing letters that allow financial access as a general guardian or guardian of the estate. The bond amount is tied to the ward’s assets and expected income. The next step is to file the oath and an approved bond with the Clerk of Superior Court before seeking access to accounts.

Talk to a Guardianship Attorney

If a court has required a bond and an oath before issuing letters that allow access to an incapacitated parent’s accounts, our firm has experienced attorneys who can help explain the purpose of the bond, coordinate with the clerk’s office requirements, and keep the process moving. 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.