How Do You Know When Adult Guardianship Is the Right Step in North Carolina?
It’s one of the hardest questions families ever face: When does helping a loved one mean stepping in legally?
Maybe your parent with dementia is giving away their money. Maybe your adult child has a disability and can’t safely live alone anymore. Or maybe you’re worried about a relative whose mental health has rapidly declined. If you're in North Carolina and these scenarios sound familiar, you're not alone.
Here’s how to understand when adult guardianship might be necessary, and what to consider first.
What Is Adult Guardianship in North Carolina?
Adult guardianship is a legal process where the court appoints someone to make decisions for another adult who can’t manage their personal or financial affairs due to incapacity.
North Carolina General Statute § 35A-1101 defines several types of guardianship:
Guardian of the Person: Makes decisions about healthcare and living arrangements.
Guardian of the Estate: Handles financial matters.
General Guardian: Oversees both personal and financial decisions.
This process isn't taken lightly. Guardianship may remove a person’s right to make decisions about their own life. That’s why the court requires strong evidence that the person is truly incapable of making safe, informed choices.
When Should You Consider Guardianship?
North Carolina courts look for clear signs that someone cannot care for themselves or manage their finances. Some red flags might include:
Inability to understand the consequences of decisions
Repeatedly making unsafe choices
Financial exploitation or vulnerability to scams
Difficulty communicating basic needs
Take this example: A parent with Alzheimer’s continues driving despite safety concerns, gives away large amounts of money, and refuses needed medical care. These are real-life triggers that could justify starting a guardianship case.
But here’s the thing, courts want to see that guardianship is truly the last resort.
What Are the Alternatives to Guardianship?
Before the court will grant guardianship, it expects families to try less restrictive options first. These can include:
Durable Power of Attorney (POA): Lets someone manage finances.
Healthcare Power of Attorney: Appoints a person to make medical decisions.
Advance Directives: Gives guidance on healthcare preferences.
If your loved one still has legal capacity, signing these documents may be enough to protect them without removing their rights.
In cases of suspected abuse or neglect, Adult Protective Services may also step in without the need for formal guardianship.
The big question to ask is: Do these options offer enough protection? If not, then guardianship might be necessary.
How Does the Guardianship Process Work in North Carolina?
If guardianship is the only option, here’s what to expect:
Petition: File with the clerk of court in your loved one’s county.
Medical Evaluations: Independent assessments determine capacity.
Notice and Hearing: Your loved one has the right to be notified and to have an attorney.
Hearing: A judge considers evidence and decides whether to appoint a guardian.
Costs typically range from $2,000 to $5,000, and the timeline can vary based on the complexity of the case.
What Should You Do Next?
If you're facing this decision, don’t try to handle it alone. The guardianship process is complex, emotional, and deeply personal. At The Walls Law Group, we help North Carolina families explore every possible alternative and, when necessary, navigate guardianship with care and legal guidance.
We’re here to help you protect your loved one’s dignity while securing the support they truly need.
👉 Contact us for a consultation or visit www.wallslawnc.com to learn more.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Every case is unique. Speaking with an attorney is the best way to understand your specific situation.
