Legal Guardianship in North Carolina

Understanding Guardianship in North Carolina

Legal guardianship offers a formal way for one person to make decisions on behalf of another who cannot care for themselves due to age, disability, or incapacity. In North Carolina, the process and responsibilities associated with guardianship are governed by specific legal procedures intended to protect the interests of the person under care—known as the ward.

What Is Legal Guardianship?

Guardianship is a legal relationship established by the court. The court appoints a guardian to act in the best interests of a minor or adult who has been declared legally incompetent. This role can involve managing personal care, making medical or housing decisions, or overseeing financial matters, depending on the type of guardianship granted.

Unlike adoption, which permanently transfers parental rights, guardianship does not terminate the legal rights of biological parents or adult individuals unless specifically ordered.

When Is Guardianship Needed?

Guardianship may be appropriate in a wide range of situations, including:

• Caring for a child whose parents are deceased or unavailable
• Helping a disabled adult who cannot manage their health, housing, or finances
• Managing the affairs of an elderly relative with dementia or cognitive decline
• Continuing support for a child with special needs who is reaching adulthood

In all cases, a guardian must be appointed by the court. Willingness to help or providing informal care is not legally sufficient to make medical decisions, enroll a child in school, or manage finances.

Types of Guardianship in North Carolina

There are three primary forms of guardianship recognized in North Carolina:

• Guardianship of the Person: Grants authority to make decisions about the ward’s daily care, medical treatment, housing, and education.
• Guardianship of the Estate: Grants authority to manage the ward’s financial matters, including assets, debts, and income.
• General Guardianship: Combines both personal and financial decision-making responsibilities.

The court may assign one individual to serve as general guardian, or divide responsibilities between two guardians depending on the ward’s needs.

What Does a Guardian Do?

Guardians are required to fulfill their duties in good faith, with care and accountability. Depending on the type of guardianship, responsibilities may include:

• Making or approving medical and educational decisions
• Choosing and maintaining housing
• Managing bank accounts, investments, or benefits
• Keeping detailed records and submitting reports to the court
• Filing inventories or annual accountings, particularly in estate cases

The role involves a fiduciary duty, meaning all actions must prioritize the ward’s well-being and financial security.

Modifying or Ending a Guardianship

Guardianship does not always last indefinitely. It can be modified or terminated if:

• A ward regains capacity and is able to manage their own affairs
• Circumstances change significantly (e.g., a new caretaker becomes available)
• The guardian resigns or fails to fulfill their duties

To make changes, a petition must be filed with the court. Restoration of competency involves a similar process to the initial appointment, often with medical evaluations and a court hearing.

Guardianship vs. Power of Attorney

While both legal tools allow one person to act on another’s behalf, there are important differences:

• A power of attorney is created voluntarily by a competent individual, allowing someone else to make decisions under certain conditions.
• Guardianship, in contrast, is established by the court when a person is no longer capable of making those decisions themselves.

A power of attorney can often prevent the need for guardianship if it is created before capacity is lost.

Guardianship for Children

Guardianship of minors may be necessary when:

• Both biological parents are deceased
• Parental rights have been terminated
• A parent is unable or unavailable to care for the child

Unlike adoption, guardianship does not sever the legal relationship between a child and their biological parents. It provides legal authority to care for the child and make essential decisions on their behalf.

Adult Guardianship and Aging Family Members

Guardianship of an adult often arises when a relative begins to show signs of cognitive decline or mental illness and is no longer able to manage their own care. This can be a sensitive issue and may be contested, especially if the individual resists the guardianship or if multiple family members disagree about who should be appointed.

In such cases, the court may conduct a thorough review and hear evidence from physicians, caregivers, and other witnesses before making a decision.

Out-of-State Guardianship Transfers

Transferring guardianship to or from another state involves a separate legal process, often under the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA). This process helps ensure that the ward’s care remains uninterrupted during a move and that legal authority is recognized across state lines.

Supporting Caregivers and Wards

Guardianship is often just one part of a broader care plan. Many individuals acting as guardians benefit from support services, community resources, and access to professionals who can assist with financial management, healthcare coordination, or educational planning. North Carolina has various public and nonprofit organizations that offer resources for caregivers of children, adults with disabilities, and older adults.

Other Guardianship Topics

• Caregiver Resources in Johnston & Harnett Counties
• Guardianship for Adults
• Guardianship for Children
• Power of Attorney for Minors in NC