What legal process allows me to get a court order to require a home health aide in my parent’s home? – North Carolina

Short Answer

In North Carolina, you typically obtain this relief through a guardianship proceeding before the Clerk of Superior Court. You ask the court to declare your parent incompetent and appoint a guardian of the person (and, if urgent, an interim guardian) with authority to arrange in‑home care. If a health care agent is blocking necessary care, the court can appoint a guardian and, for good cause, suspend the agent’s authority so the guardian can require a home health aide.

Understanding the Problem

You want to know whether you can get a North Carolina court order to require in‑home help for a parent. The setting is this: your parent has Alzheimer’s, named one family member to handle health care decisions, and that person removed the home health aide. You want the court to authorize someone—possibly you or a neutral—to ensure a home health aide is in place.

Apply the Law

Under North Carolina law, the path to compel in‑home care is a guardianship before the Clerk of Superior Court. The court first decides whether the adult is incompetent. If so, the court appoints a guardian of the person to make personal and medical care decisions. When urgent protection is needed, the court can enter temporary orders and appoint an interim guardian to maintain or restore services like a home health aide pending the full hearing. If a health care agent exists, the court can still appoint a guardian and, upon a proper showing, suspend the agent’s authority so the guardian can act. Financial concerns may be addressed through a guardian of the estate or separate power‑of‑attorney proceedings to obtain accountings and limit an agent’s authority. The forum is the Clerk of Superior Court in the county with proper venue, and service and hearings in guardianship matters move on an expedited timeline.

Key Requirements

• Incompetence: Show your parent currently lacks capacity to manage personal affairs or make/communicate important decisions due to a condition like dementia.
• Best interests and least restrictive option: Prove that a guardian’s authority (including directing in‑home aides) is necessary and is the least restrictive way to protect your parent.
• Urgency for interim relief (if needed): If your parent’s safety is at risk without immediate in‑home help, request an interim guardian and temporary orders to restore services before the final hearing.
• Health care agent issues: If a health care agent is not acting appropriately, seek appointment of a guardian of the person and ask the court to suspend the agent’s authority for good cause so the guardian can arrange care.
• Financial controls (if misuse is suspected): Consider a guardian of the estate or a separate proceeding to compel an accounting and limit a financial agent’s powers.

What the Statutes Say

• North Carolina Gen. Stat. § 35A-1105 (Petition to adjudicate incompetence) – Starts the guardianship case to determine capacity.
• North Carolina Gen. Stat. § 35A-1114 (Interim guardian) – Allows temporary appointment and orders when immediate protection is needed.
• North Carolina Gen. Stat. § 32A-22 (Suspending a health care agent) – Lets a court, on motion by a guardian of the person, suspend a health care agent for good cause.
• North Carolina Gen. Stat. § 32C-1-116 (Judicial relief under a power of attorney) – Provides proceedings to compel accountings, determine authority, and limit an agent’s powers.

Analysis

Apply the Rule to the Facts: Because your parent has Alzheimer’s and lost needed in‑home help, a guardianship of the person is the practical route to authorize and require a home health aide. The clerk can move quickly and, if safety is at stake, appoint an interim guardian to restore services now. If the current health care agent is refusing necessary care, a newly appointed guardian of the person can ask the court to suspend the agent’s authority for good cause so the guardian can arrange the aide. If funds are being misused, seek a guardian of the estate or a separate power‑of‑attorney proceeding to compel an accounting and restrict access.

Process & Timing

1. Who files: Any interested person (including a family member). Where: Clerk of Superior Court in the North Carolina county with proper venue (commonly where the parent resides or is present). What: Petition for Adjudication of Incompetence and request for appointment of a guardian of the person; add a motion for an interim guardian if urgent. When: File as soon as safety or care is at issue; interim requests can be heard on short notice.
2. After filing, the sheriff personally serves your parent; the clerk notifies next of kin. An interim hearing can occur quickly if immediate protection is needed. The full hearing typically follows within a short timeframe, though timing varies by county.
3. At the hearing, the clerk decides incompetence and appoints the appropriate guardian. The guardian of the person can then arrange and require in‑home services. If a health care agent is obstructing care, the guardian asks the court to suspend that agent’s authority. For money issues, the court can also appoint a guardian of the estate or you can pursue power‑of‑attorney relief to obtain accountings and limits.

Exceptions & Pitfalls

• Existing health care powers of attorney matter. Courts prefer the least restrictive option and will consider whether the agent is acting. If the agent is failing your parent, be prepared to show “good cause” to suspend the agent after a guardian of the person is appointed.
• Emergency relief is available but must be supported by specific facts showing immediate risk. Bring documentation from providers, care agencies, or witnesses.
• Money‑damage claims against an agent (like fraud) are not handled by the clerk in a power‑of‑attorney proceeding. Those go to superior court. You can still use clerk proceedings to compel accountings and limit authority.
• If your parent is in another state, interstate guardianship rules can affect venue and transfer. Procedures vary, so confirm the proper forum before filing.
• Service and notice are strict in guardianship cases. Delays or improper service can slow relief; file interim motions with detailed facts if you need immediate protections.

Talk to a Guardianship Attorney

If you’re dealing with urgent safety concerns and blocked in‑home care for a parent, 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.