Short Answer

In North Carolina, you start by filing a verified petition with the Clerk of Superior Court to have each parent adjudicated incompetent and to appoint a guardian. The court considers whether less-restrictive tools (like your existing powers of attorney) are sufficient; if not, it can appoint a guardian of the person, a guardian of the estate, or a general guardian. For urgent situations, you may request an interim (emergency) guardian. If you will manage money, you will likely need to post a bond before using funds to pay the care facility.

Understanding the Problem

In North Carolina, how do I, as the only adult child, get court authority to make medical and financial decisions for my parents who live in a care home that will not honor my power of attorney documents?

Apply the Law

North Carolina guardianship for adults is a Chapter 35A special proceeding decided by the Clerk of Superior Court. The court must first decide if a person is legally “incompetent” and then appoint the least-restrictive type of guardian needed (person, estate, or general). The respondent (your parent) has significant rights at every step, including notice, counsel, and the chance to be heard. If a guardian of the estate or general guardian is appointed, that fiduciary must qualify (usually with a bond), file an inventory, and account annually. The court can appoint an interim guardian if immediate action is necessary to prevent harm.

Key Requirements

• Legal incompetence: Evidence shows the adult cannot manage personal or financial affairs due to cognitive limits or illness, and needs help.
• Least-restrictive alternative: Guardianship is necessary because tools like powers of attorney or health care proxies are unavailable, invalid, or insufficient.
• Proper venue and notice: File where the parent resides or is present; serve the respondent and required relatives with timely notice before the hearing.
• Right to counsel and evaluation: The respondent may have an attorney (appointed if needed) and can request a multidisciplinary evaluation.
• Bond and qualification (if managing assets): A guardian of the estate or general guardian must post bond as set by the clerk before accessing funds.

What the Statutes Say

• North Carolina Gen. Stat. § 35A-1101 (Definitions; incompetence) – Defines “incompetent adult” and key terms.
• North Carolina Gen. Stat. § 35A-1103 (Venue) – Sets the proper county for filing.
• North Carolina Gen. Stat. § 35A-1114 (Interim or emergency guardian) – Allows temporary relief when immediate action is needed.
• North Carolina Gen. Stat. § 35A-1241 (Powers and duties of guardians) – Lists what guardians can do, including decisions about care and using assets for support.

Analysis

Apply the Rule to the Facts: Both parents have diagnoses of dementia/Alzheimer’s, and the care facility refuses your powers of attorney. That suggests less-restrictive tools are not working, so a petition for incompetence and guardianship is appropriate. Because you need authority over medical decisions and to pay the facility, you will likely seek either: (a) guardian of the person (for placement/medical) plus guardian of the estate (for money), or (b) a general guardian (both). If there’s an urgent risk (unpaid bills or medical decisions), request an interim guardian.

Process & Timing

1. Who files: You (the child) as petitioner. Where: Clerk of Superior Court, Special Proceedings, in the North Carolina county where each parent resides or is present. What: Petition for Adjudication of Incompetence and Application for Appointment of Guardian (AOC guardianship petition; available on nccourts.gov). Include medical history and why POAs are insufficient. When: File anytime; the hearing is scheduled after required notice (at least 10 days before the hearing).
2. The sheriff serves the respondent(s); close relatives receive mailed notice. The respondent may have or be appointed counsel and may request a multidisciplinary evaluation. The clerk holds the hearing; if immediate action is needed, request an interim guardian at filing. County timelines vary, often a few weeks depending on service and evaluations.
3. If the clerk finds incompetence and need, the clerk appoints the least-restrictive guardian. If you will handle finances, the clerk sets a bond. After you post bond and receive Letters of Guardianship, you can: file an inventory (typically within three months), open a fiduciary account, pay the facility from the ward’s funds, and file annual accounts.

Exceptions & Pitfalls

• If a valid, working power of attorney or health care directive covers the problem, the clerk may deny or limit guardianship; be ready to show why those tools aren’t being honored or are insufficient.
• Ask only for what you need. The clerk may limit powers if a full general guardianship is broader than necessary.
• You cannot access funds until you qualify and post any bond required; delays in bonding stall bill payments.
• Guardians must keep detailed records and file inventories and annual accounts; missing filings risk removal or surcharge.
• For urgent medical or financial issues, request an interim guardian up front to avoid gaps in decision-making.

Talk to a Guardianship Attorney

If you’re dealing with a North Carolina care facility that will not honor your powers of attorney and you need court authority fast, 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.