Guardianship 101: Protecting Your Loved Ones
When a family member can no longer make sound decisions about their health, finances, or daily care, North Carolina law provides a legal framework to help. At The Walls Law Group, we guide families through these challenging situations with clarity and compassion
Guardianship Explained in North Carolina
Guardianship is a legal relationship created by the North Carolina statutes for when an adult cannot manage their personal or financial affairs. The court appoints a guardian to make decisions for the incapacitated person (the “ward”).
In North Carolina, there are three main types of guardianships:
Guardian of the Person: Makes decisions about medical care, living arrangements, and daily needs
Guardian of the Estate: Manages financial matters, including paying bills and managing assets, and entering or voiding contracts
General Guardian: Combines both roles above
The Clerk of Superior Court oversees guardianship proceedings in every county, including Wake County. The process typically involves:
Filing a petition with the court
Obtaining medical documentation of incapacity
Attending a court hearing where a judge evaluates the need for guardianship
If granted, receiving formal appointment letters from the court
North Carolina courts view guardianship as a last resort. Judges look for the least restrictive option that protects the person while preserving as much of their independence as possible, per the NC General Statutes.
Court Risks Without a Plan
When no advance planning exists, North Carolina courts must step in to determine who will make decisions for an incapacitated person. This creates several risks
Loss of control: The court, not your family, decides who manages your affairs
Family conflict: Without clear guidance, relatives may disagree about care decisions
Public proceedings: Guardianship hearings in Wake County are part of the public record
Ongoing court supervision: Guardians who manage a ward’s assets must file annual reports and accountings
Financial costs: Legal fees and court costs often can range $2,000-$5,000 when using an attorney for representation
Stranger involvement: If no suitable family member exists, the court may appoint a third-party professional guardian
Key Documents to Stay in Control
You can prevent court-appointed guardianship through proper planning with these legal documents:
Durable Power of Attorney for Finances
This document allows you to name a trusted person to manage your financial matters if you become unable to do so. Unlike guardianship, it:
Takes effect immediately or upon incapacity, depending on your preference
Avoids court involvement
Can be customized to grant specific powers
Remains private
Healthcare Power of Attorney
This document appoints someone to make medical decisions when you cannot. It:
Details your treatment preferences
Names your chosen healthcare agent
May prevent the need for a guardian of the person
Can include specific instructions about treatments
Living Will/Advance Directive
This document outlines your wishes regarding end-of-life care, including:
Life-prolonging measures
Artificial nutrition and hydration
Pain management preferences
Revocable Living Trust
For more complex situations, this tool:
Manages assets during incapacity
Names successor trustees
Avoids probate
Provides detailed instructions for asset management
These documents must comply with North Carolina law to be effective. For example, in NC, a healthcare power of attorney must be witnessed by two qualified individuals and notarized to be valid statewide, as required by the NC Right to Natural Death Act.
The Walls Law Group’s Guardianship Guidance
Planning ahead prevents court intervention. Our Raleigh attorneys help families
Draft legally sound powers of attorney tailored to North Carolina law
Create comprehensive incapacity plans
Guide families through the guardianship process when necessary
Represent proposed guardians in court proceedings
Advise on guardianship alternatives
For families already facing guardianship, we can help:
Prepare court petitions
Assist you in Gathering required medical evidence
Represent you at guardianship hearings
Provide guidance regarding your guardian duties and reporting requirements
Address guardianship modifications when circumstances change
As of 2025, North Carolina laws emphasizes limited guardianships whenever possible. Our attorneys stay current on these legislative changes to best serve Raleigh clients.
Contact The Walls Law Group today at 919-647-9599 to schedule a consultation about protecting your loved ones through proper incapacity planning. Visit us at www.wallslawnc.com.
