Avoiding Guardianship in North Carolina: Why Every Aging Parent Needs a Power of Attorney Now
Avoiding Guardianship Battles: Why Power of Attorney Isn’t Optional for Aging Parents
A guardianship is a legal process where the court appoints someone to make decisions for a person who can no longer manage their own affairs due to incapacity. While it may sound protective, it often comes with court oversight, public proceedings, and the potential for family conflict. Worse, the person chosen by the court might not be the one your parent would have wanted. The good news? With the right legal documents in place, guardianship can often be completely avoided. Let’s look at a case study and see why avoiding guardianship in North Carolina may be something you want to consider.
It started with a phone call.
“Kristen, my mom had a stroke. She's in the hospital—and I don’t know what to do.”
Laura, a client I had helped with her own estate plan years earlier, was now facing one of the most stressful and heartbreaking situations an adult child can encounter. Her mother, once fiercely independent, could no longer communicate clearly or manage her finances. Bills were piling up. The hospital was asking for consent to make medical decisions. And Laura couldn’t access her mom’s bank accounts to pay for care.
Why? Because her mom never signed a power of attorney.
When It’s Too Late to Choose
Most people don’t realize that legal incapacity, whether due to a stroke, dementia, or sudden illness, strips you of the ability to make your own choices and to name who will make them for you. If no legal documents are in place when that happens, your family may be forced into a court guardianship proceeding just to handle basic tasks like paying bills or deciding on care.
That’s exactly what happened to Laura.
Instead of focusing on her mother’s recovery, Laura spent weeks navigating the court system, hiring an attorney, attending hearings, and filing paperwork. And all so she could be appointed her mother’s legal guardian. The process was public, expensive, and emotionally draining.
And sadly, it's not uncommon.
The Guardianship Process in North Carolina: A Quick Look
In North Carolina, if a person becomes incapacitated without a valid durable power of attorney or healthcare power of attorney, the only way someone can legally step in is by being appointed through the Clerk of Superior Court in a guardianship hearing.
This means:
Filing a petition and notifying interested parties
A medical evaluation to determine capacity
A hearing in front of the Clerk
Possible opposition from siblings or others who disagree
Sometimes, the Clerk will even appoint a third-party guardian, a stranger, instead of a family member. That means decisions about your parent’s finances, housing, or health may be in the hands of someone who doesn’t know them at all.
The Simple Document That Can Prevent All This
A properly drafted Durable Power of Attorney gives someone you trust the legal authority to handle your finances if you're unable to do so. A Healthcare Power of Attorney ensures someone can make medical decisions on your behalf. Together, these two documents keep your family out of court and in control when life takes an unexpected turn.
With both documents in place:
There’s no need for guardianship
You choose who makes decisions for you—not the court
Your loved ones avoid stress, expense, and family conflict
Real-Life Peace of Mind
Let me tell you about James and Evelyn, a couple in their 70s who came to my office at their daughter’s urging.
“Kristen,” Evelyn said, “we’re healthy now, but what if one of us ends up like my sister did? We don’t want our kids fighting in court.”
Together, we put a plan in place: powers of attorney, living wills, and other essential documents. A year later, James had a fall and needed surgery, followed by a long recovery. Thanks to their planning, Evelyn was able to immediately step in, to pay bills, talk to doctors, and make care decisions, with no legal red tape.
“That power of attorney saved us,” she told me later. “It was one less thing to worry about during a very scary time.”
Don’t Wait for a Crisis
No one likes thinking about worst-case scenarios. But, avoiding the topic doesn’t make the risk go away. The truth is, if your aging parent doesn't have powers of attorney in place, you're gambling with their future, and your peace of mind.
The time to act is before something goes wrong.
If you’ve ever helped an aging parent manage their health or finances, you know how quickly life can change. One moment everything’s fine. Then, a medical emergency hits, and suddenly you're scrambling to make decisions without the legal authority to do so. It’s a scenario I see far too often: adult children thrust into crisis mode, only to find out that without the right legal documents, their hands are tied.
Contact Us
At our firm, we specialize in helping families across North Carolina create power of attorney documents that reflect your values, protect your rights, and give your loved ones clear authority if and when it’s needed.
Ready to Talk?
If you're unsure whether your parent has the right documents in place—or if you're ready to get started—we’re here to help. Book a free Discovery Call and let’s talk about how we can protect your family from unnecessary court battles.
