Short Answer

In North Carolina, a guardian is a court‑appointed fiduciary who must act in the ward’s best interests and use the least‑restrictive approach. A guardian of the person makes care, residence, and medical decisions; a guardian of the estate manages money and property, files inventories and annual accounts, and posts a bond; a general guardian does both. The Clerk of Superior Court supervises guardians and can require receipts, adjust bond, and remove a guardian for missed filings or misuse of funds.

Understanding the Problem

You want to know, under North Carolina law, what you must do after the court appoints you as guardian for your incapacitated parents. The focus is narrow: your ongoing duties and responsibilities once appointed by the Clerk of Superior Court. One key fact: your parents live in a memory care facility.

Apply the Law

North Carolina recognizes three types of adult guardians: guardian of the person (personal and healthcare decisions), guardian of the estate (financial/property management), and general guardian (both roles). Guardians are fiduciaries. You must act prudently, keep the ward’s rights and dignity in mind, and use the least restrictive arrangement that meets their needs. The Clerk of Superior Court is the primary forum for guardianship oversight, including bonds, inventories, and annual reviews. Core timing triggers include an initial inventory after qualification and annual reports/accounts thereafter.

Key Requirements

• Fiduciary duty and least‑restrictive approach: Make decisions in the ward’s best interests, preserve autonomy where possible, and avoid unnecessary limits on rights.
• Guardian of the person duties: Decide residence/placement, consent to medical care, arrange services, and monitor well‑being; file an annual status report with the Clerk.
• Guardian of the estate duties: Safeguard assets, keep funds separate, keep detailed records, file an inventory soon after appointment, file verified annual accounts with vouchers, and post/maintain a bond set by the Clerk.
• Court‑approval items: Obtain a court order before selling or mortgaging real estate, making substantial gifts, or relocating the ward out of state.
• Compliance and oversight: Respond to Clerk notices, provide receipts on request, and update the court about changes in address or condition; failure to file required reports can lead to orders to show cause, bond changes, or removal.

What the Statutes Say

• North Carolina Gen. Stat. Chapter 35A (Guardianship) – Sets the framework for adult guardianship, guardian powers, duties, and court supervision.
• North Carolina Gen. Stat. Chapter 35B (Adult Guardianship Jurisdiction) – Governs moves or transfers across state lines and related court approvals.
• North Carolina Gen. Stat. Chapter 36F (Fiduciary Access to Digital Assets) – Allows court‑appointed fiduciaries, including guardians, to request access to digital accounts subject to safeguards.

Analysis

Apply the Rule to the Facts: Because your parents reside in memory care and lack capacity, a guardian of the person could make healthcare and placement decisions and sign care‑related consents. If the existing powers of attorney are not being accepted for financial tasks (like VA paperwork), a guardian of the estate or general guardian would have clear court‑backed authority to manage accounts, pay expenses, and sign necessary forms, subject to court oversight. Expect to file an initial inventory soon after qualification and annual status reports and accountings thereafter.

Process & Timing

1. Who files: The newly appointed guardian. Where: Clerk of Superior Court in the North Carolina county of the ward’s residence. What: Qualify by taking an oath, posting any required bond, and obtaining Letters of Guardianship; then file a detailed inventory of assets (for estate/general guardians) and set up separate fiduciary accounts. When: File the inventory soon after appointment (commonly within about 90 days) and file annual status reports/accounts each year until discharged.
2. Maintain records, keep funds separate, collect income/benefits, and pay necessary expenses. If you need to sell real property or move the ward out of state, request court approval in advance; timelines vary by county and case complexity.
3. When guardianship ends (restoration, death, or replacement), file a final accounting; upon approval, the Clerk will discharge you and release the bond.

Exceptions & Pitfalls

• Limited guardianship: The court may reserve certain rights to the ward; confirm the exact scope in the order and Letters before acting.
• Real estate and gifting: Do not sell, mortgage, or gift property without a court order; doing so can result in personal liability.
• Commingling funds: Keep the ward’s money in separate fiduciary accounts; preserve statements and receipts for every expenditure.
• VA benefits: Even with guardianship, the VA may require appointment of a federal VA fiduciary to manage VA funds; plan early to avoid payment delays.
• Bond and vouchers: The Clerk can increase bond if asset values rise or records are lacking, and may require receipts showing spending was solely for the ward’s benefit.
• Moves and notice: Obtain court permission before relocating the ward out of North Carolina and promptly update the Clerk on address changes.

Talk to a Guardianship Attorney

If you’re dealing with court‑appointed guardianship and need to understand your day‑to‑day duties and deadlines, 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.