Guardianship Q&A Series

What ongoing duties, reports, and accountings will I have after I’m appointed? – North Carolina

Short Answer

Under North Carolina law, a guardian’s ongoing duties include day-to-day care or financial management for the ward, regular reporting to the Clerk of Superior Court, and periodic accountings of money and property. Guardians of the person usually must file status reports about the ward’s condition and living situation, while guardians of the estate and general guardians must file an initial inventory and then annual sworn accountings of all receipts, expenses, and investments. The clerk can order additional reports, require supporting documents, and enforce these duties through contempt or removal if reports are late or incomplete.

Understanding the Problem

The narrow issue here is: after appointment by a North Carolina clerk as guardian of an incompetent adult or minor, what ongoing duties, reports, and accountings must that guardian provide to the court? This question comes up when a family member or other person is willing to serve, but wants to know the continuing paperwork and oversight that follow appointment. The focus is on what the guardian must do over time for the ward and what must be filed with the Clerk of Superior Court once the guardianship is in place.

Apply the Law

North Carolina guardianship law divides responsibilities between guardians of the person, guardians of the estate, and general guardians (who handle both). All guardians act under the supervision of the Clerk of Superior Court in the county where the guardianship is filed. After appointment, the core ongoing legal duties fall into three buckets: caring for or advocating for the ward, safeguarding and managing the ward’s money and property if applicable, and filing required inventories, status reports, and annual accountings on time and in proper form.

Key Requirements

  • Inventory of assets (for estates/general guardians): After qualifying, a guardian of the estate or general guardian must file a sworn inventory of the ward’s money and property with the clerk within the time the clerk sets, listing assets, values, and where they are held.
  • Annual accountings of money and property: While any estate remains under control, a guardian of the estate or general guardian must file a sworn annual account showing all receipts, disbursements, and investments for the chosen fiscal year, with supporting vouchers or proof.
  • Status reports for guardians of the person: Certain guardians of the person must file initial and annual status reports about the ward’s health, residence, services, and efforts to restore rights; the clerk may also order other guardians of the person to file these reports.
  • Ongoing duty to report changes and follow orders: Guardians must promptly notify the court of changes such as the ward’s address and must comply with any clerk orders to supplement or correct reports or accountings.
  • Risk of enforcement, removal, or contempt: If a guardian fails to file required reports or files incomplete or unsatisfactory documents, the clerk can order compliance within a set time, and may remove the guardian or use contempt powers if the default continues.

What the Statutes Say

Analysis

Apply the Rule to the Facts: In the described situation, the client plans to pursue a guardianship in North Carolina, so the Clerk of Superior Court will supervise ongoing duties after appointment. If appointed guardian of the person, the clerk or statutes may require initial and annual status reports about the ward’s condition, services, and living situation, along with notices of any address changes. If appointed guardian of the estate or general guardian, the person must file a timely inventory of the ward’s money and property and then annual sworn accountings with backup documentation for as long as any assets remain under management, or risk orders to comply, possible removal, and other sanctions.

Process & Timing

  1. Who files: The appointed guardian (of the person, of the estate, or general guardian). Where: With the Clerk of Superior Court in the county where the guardianship file is pending. What: Initial inventory for guardians of the estate/general guardians (on the clerk’s inventory form), any required initial status report for guardians of the person, and the guardian’s oath as already filed at qualification. When: The clerk’s appointment order or local practice sets the inventory deadline; it is typically within a few months after qualification, and any initial status report for certain guardians of the person is due within six months of appointment.
  2. Ongoing filings: For guardians of the estate and general guardians, file a sworn annual account within 30 days after the close of the selected fiscal year, and annually thereafter, with vouchers or verified proof for receipts and disbursements. For guardians of the person who are required to do so, file a second status report one year after appointment and then annually, and file a notice of any change in the ward’s address within 30 days of the move.
  3. Review and follow-up: The clerk audits accountings, may ask for corrections or more detail, and may enter an order approving the account, which becomes part of the court record. If a report or accounting is late, incomplete, or unsatisfactory, the clerk may issue an order to file a complete report within a set time (often 20 days), and, if that order is not obeyed, may remove the guardian or begin contempt proceedings until a satisfactory filing is made.

Exceptions & Pitfalls

  • Not every guardian of the person has the same reporting schedule; statutes automatically require regular status reports for certain guardians, while the clerk may impose or adjust reporting requirements for others.
  • Failing to keep receipts, bank statements, and other proof of transactions can make it difficult to prepare accurate annual accounts and may cause delays or questions from the clerk.
  • Missing an inventory, account, or status report deadline can trigger orders to show cause, personal liability for costs, possible loss of commissions, removal as guardian, or contempt proceedings.
  • Choosing a fiscal year-end that does not comply with the rules (too short or too long after qualification) can complicate accounting; the guardian should select an appropriate fiscal year and stick with it unless the clerk allows a change.
  • Not promptly reporting a change in the ward’s residence or significant change in health or services may lead to concerns about whether the guardian is adequately supervising the ward’s well-being.

Conclusion

Once a North Carolina clerk appoints a guardian, ongoing obligations include caring for or advocating for the ward, safeguarding any money and property, and filing required inventories, status reports, and annual accountings with the Clerk of Superior Court on time. A guardian of the estate or general guardian must inventory assets and file yearly sworn accounts, while a guardian of the person may have to file initial and annual status reports plus notices of address changes. The key next step after appointment is to review the clerk’s order and calendar each reporting deadline so required filings reach the clerk before they are due.

Talk to a Guardianship Attorney

If someone is dealing with a North Carolina guardianship and needs to understand ongoing duties, reports, and accountings after appointment, our firm has experienced attorneys who can help explain the requirements 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.