What is the difference between guardianship over a person and guardianship over finances? – North Carolina

Short Answer

In North Carolina, guardianship over a person focuses on personal care decisions (like living arrangements and medical consent), while guardianship over finances focuses on managing money and property. The court (the Clerk of Superior Court) can appoint one person to handle both roles (a “general guardian”) or split the roles between different guardians. The scope of authority depends on the clerk’s order and the type of guardianship granted.

Understanding the Problem

In North Carolina, when a guardianship is needed, the key decision is what kind of authority the court should grant: authority over personal decisions, authority over financial decisions, or both. The question asks how “guardianship over a person” differs from “guardianship over finances,” which usually comes up when an adult cannot safely make certain choices or manage money and property. The Clerk of Superior Court can tailor the appointment so the guardian’s role matches what the situation actually requires.

Apply the Law

North Carolina law recognizes different types of guardianships based on what the guardian is responsible for. A guardian of the person handles care, custody, and control issues (day-to-day life and wellbeing). A guardian of the estate handles property, money, and business affairs. A general guardian combines both roles. The Clerk of Superior Court is the judicial official who oversees these cases and issues the appointment order defining the guardian’s powers.

Key Requirements

Different decision-making areas: Guardianship over the person covers personal care decisions; guardianship over finances covers money and property decisions.
Authority comes from a court order: The clerk’s appointment order controls what the guardian can and cannot do, even within the same “type” of guardianship.
Roles can be split or combined: One person can serve as a general guardian (person + finances), or the clerk can appoint separate guardians for each role.

What the Statutes Say

N.C. Gen. Stat. § 35A-1202 (Definitions) – Defines “guardian of the person,” “guardian of the estate,” and “general guardian.”
N.C. Gen. Stat. § 35A-1241 (Powers and duties of guardian of the person) – Lists core personal-care powers like custody, living arrangements, and consenting to care.
N.C. Gen. Stat. § 35A-1250 (Applicability of Article for guardians of the estate) – Explains that the financial-management article applies to guardians of the estate (and general guardians acting in that role), subject to the clerk’s order.

Analysis

Apply the Rule to the Facts: Here, the issue is deciding what kind of guardianship authority fits the situation in North Carolina. If the main concern is health, safety, living arrangements, or consent for services, the focus is usually guardianship over the person. If the main concern is paying bills, protecting assets, handling income, or managing property, the focus is usually guardianship over finances (a guardian of the estate). If both areas are a concern, the clerk can appoint a general guardian or split the roles between two people.

Process & Timing

Who files: Typically a family member or other interested person. Where: The Clerk of Superior Court in the appropriate North Carolina county. What: A filing asking the clerk to appoint the appropriate type of guardian (guardian of the person, guardian of the estate, or general guardian). When: Timing depends on the urgency and the clerk’s calendar; procedures can vary by county.
Evaluation and hearing: The court process generally involves gathering information about the person’s functional limits and what decisions they can and cannot make safely, then presenting that information at a hearing before the clerk.
Appointment order and ongoing oversight: If the clerk appoints a guardian, the order defines the guardian’s powers. Financial guardianship typically comes with ongoing reporting and court oversight requirements, and personal guardianship commonly requires ongoing status updates about the ward’s wellbeing.

Exceptions & Pitfalls

Assuming one type covers everything: A guardian of the person may not automatically have authority to manage money and property, and a guardian of the estate may not automatically have authority to make medical or placement decisions.
Overlooking the clerk’s limits: Even within a category (person or estate), the clerk’s order can expand or restrict authority. Acting outside the order can create legal and practical problems.
Mixing funds or poor recordkeeping: Financial guardianship requires careful separation of the ward’s money from the guardian’s money and strong documentation of transactions to satisfy court oversight.

Conclusion

In North Carolina, guardianship over a person covers care, custody, and personal decision-making, while guardianship over finances (a guardian of the estate) covers managing money, property, and business affairs. The Clerk of Superior Court can appoint one person to handle both roles (a general guardian) or appoint separate guardians depending on what is needed. The next step is to file the appropriate guardianship request with the Clerk of Superior Court in the correct county and ask for the specific type of authority the situation requires.

Talk to a Guardianship Attorney

If a North Carolina guardianship is being considered and it is unclear whether the situation calls for personal decision-making authority, financial authority, or both, an attorney can help clarify options, prepare the filings, and explain what the clerk will likely require. 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.