Detailed Answer
If a family member cannot manage money and financial decisions on their own, you can ask a North Carolina court to appoint you as their legal guardian. Guardianship gives you the authority to pay bills, make investment decisions, and protect assets on behalf of the person, also called the ward.
In North Carolina, guardianship of an adult with diminished capacity follows Article 6 of Chapter 35A of the North Carolina General Statutes. Start by filing a petition in the clerk of superior court’s office where the proposed ward lives. Your petition must explain why the individual lacks capacity and list the powers you seek, such as authority over bank accounts or real estate. See N.C. Gen. Stat. § 35A-1203.
Next, provide a medical certificate from a qualified health professional confirming the person’s incapacity. The certificate must follow the form requirements in N.C. Gen. Stat. § 35A-1205. File it with your petition. The clerk will then set a hearing date and serve notice on the proposed ward and close family members, as required by N.C. Gen. Stat. § 35A-1206. At the hearing, the judge reviews the evidence and may appoint a court visitor or attorney to protect the ward’s interests.
If the court finds the ward lacks capacity and no less restrictive alternative exists, it enters an order naming you as guardian under N.C. Gen. Stat. § 35A-1207. As guardian of the estate, you must file an inventory of the ward’s assets and an annual accounting. You may also need to post a bond to secure the ward’s assets under N.C. Gen. Stat. § 35A-1211. Guardians must act in the ward’s best interests at all times and follow court rules for managing funds.
Alternatives like a durable power of attorney may work if the person can still grant one. But when capacity is gone, court-ordered guardianship offers a clear legal framework and oversight to protect your loved one’s finances.
Key Steps to Obtain Guardianship in North Carolina
- File a petition with the clerk of superior court (§ 35A-1203)
- Attach a medical certificate from a qualified professional (§ 35A-1205)
- Serve notice on the proposed ward and relatives (§ 35A-1206)
- Attend the court hearing
- Receive the court’s guardianship order (§ 35A-1207)
- File inventory and annual accounts
- Post bond if required (§ 35A-1211)
Obtaining guardianship protects your loved one’s financial future. If you need guidance, Pierce Law Group has experienced attorneys ready to help. Email us at intake@piercelaw.com or call (919) 341-7055 to schedule a consultation.
