What Are the Warning Signs That Someone May Need Guardianship in North Carolina?

If you’ve started noticing major changes in your loved one’s behavior, unsafe choices, confusion about money, or struggles with daily tasks, you might be wondering if it’s time to step in.

In North Carolina, adult guardianship is a serious legal step. But when someone is no longer capable of protecting themselves, it may be the right move to safeguard their health, finances, and dignity.

Here’s how to know when that moment has come.

What Are the Common Guardianship Warning Signs?

1. Dangerous Decision-Making

When a loved one begins engaging in risky behavior, like driving while confused, leaving the stove on, wandering unsafely, or forgetting important appointments, it could be a red flag. These actions suggest they may no longer grasp the consequences of their decisions.

2. Financial Exploitation

Is your loved one giving money to strangers, falling for scams, or making large, unexplained withdrawals? If they’re suddenly buying expensive items or sending funds to unfamiliar people, it’s time to take a closer look. Seniors and vulnerable adults are often targets of financial abuse.

3. Refusal of Medical Care or Confusion About Instructions

If they’re refusing necessary treatments or don’t understand what their doctors are saying, that can put their health at serious risk. Guardianship may become necessary to ensure they receive the care they need.

4. Inability to Manage Daily Living Tasks

Guardianship might be appropriate if they’ve stopped bathing, aren’t eating properly, are forgetting medications, or can’t manage their hygiene or household safely. These basic activities are essential for safe independent living.

5. Communication Breakdown or Cognitive Decline

When your loved one can no longer clearly express their needs, or doesn’t comprehend the risks of their choices, it may be a sign that decision-making has been compromised. If this confusion puts them at risk, protective action is warranted.

Why These Signs Matter in North Carolina

Under North Carolina law (G.S. § 35A-1101), guardianship can only be granted when the court finds a person to be “incompetent”, meaning they cannot manage their personal, medical, or financial affairs due to illness, disability, or cognitive impairment.

But here’s the key: guardianship isn’t just about signs of aging or unusual behavior. It’s about proven incapacity and risk of harm. The court will require clear evidence that your loved one can’t make informed decisions and that no less-restrictive alternative will protect them.

What Should You Do Next?

If these warning signs sound familiar, don’t wait for a crisis.

Start by documenting specific incidents and concerns. Then, explore whether your loved one still has the legal capacity to sign a durable power of attorney or healthcare directive. If not, adult guardianship may be the next step.

The process can feel overwhelming, but you're not alone.

How We Help Families in Raleigh and Across North Carolina

At The Walls Law Group, we guide families through the guardianship process with compassion and clarity. We’ll help you assess whether guardianship is appropriate, explore alternatives, and walk with you through every legal step if guardianship is necessary.

Because protecting your loved one shouldn’t be confusing, it should feel like the right thing to do.

Reach out today at www.wallslawnc.com or call us to schedule a consultation.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Every case is different. Please consult with an attorney for guidance on your specific situation.