Guardianship in North Carolina: What Families Need to Know Before It’s Too Late
Guardianship in North Carolina: When—and How—It Happens
By Kristen Nicole Mackintosh, The Happy Lawyer, Garner, NC
When someone you love begins to change, the world can feel unsteady. Many families in Garner and across North Carolina come to me when they notice something small at first—a parent forgetting to pay the power bill, missing a doctor’s appointment, or seeming confused by simple instructions. These moments are frightening because they force a hard question: Can my loved one still make safe decisions on their own?
Guardianship is one of the legal tools North Carolina uses when a person can no longer manage their own affairs. It is powerful, important, and sometimes necessary. But, it should never be entered into lightly. Today, I want to walk you through how guardianship works in our state, when it becomes necessary, and the steps that families in our community take to protect a parent’s dignity, safety, and rights.
To help bring this home, you’ll also read stories about families here in Johnston and Wake Counties who faced real-life decisions about guardianship during a parent’s decline. These stories will help you see not only the process, but also the emotions behind it.
A Story Close to Home: When Small Changes Become Big Worries
Linda grew up in Garner and still lives just a few miles from her mother, Joyce. As Joyce entered her late seventies, Linda noticed that her mother was repeating the same stories often. At first, it was almost sweet. But things changed when Joyce forgot to take her blood pressure medication, twice, and when her utility company called about an unpaid bill.
Then came the day Joyce tried to drive to White Oak to buy groceries and got lost on Timber Drive. A neighbor found her sitting in a parking lot, confused and frightened.
Linda knew they were out of time.
She brought her mother to the doctor, who confirmed moderate dementia. When Linda called me, her voice shook. “I don’t want to take her rights away. I just want her to be safe.”
This is the exact tension guardianship creates: love and protection on one side, and respect for a parent’s independence on the other.
Linda’s story is not rare. It is part of daily life for many families in our area.
So let’s take a closer look at what guardianship actually means in North Carolina.
What Is Guardianship in North Carolina?
Guardianship is a court process used when an adult cannot manage their own affairs due to illness, dementia, intellectual disability, or another condition. Once appointed, a guardian makes decisions on behalf of the person who has been found legally incompetent.
In North Carolina, the court takes this very seriously. It is considered a last resort, used only when less restrictive options are not enough.
There are three types of guardians:
1. Guardian of the Person
Handles personal decisions, such as:
Medical care
Housing
Safety
Daily needs
2. Guardian of the Estate
Handles money and property, such as:
Paying bills
Managing bank accounts
Handling income or investments
3. General Guardian
Handles both personal and financial decisions.
The Clerk of Superior Court in each county oversees guardianship cases. In Garner, that means the Wake County or Johnston County Clerk, depending on where the person lives.
When Does Guardianship Become Necessary?
Many families ask the same question: When do we know it’s time?
Here are signs that often point toward guardianship:
A loved one cannot understand or sign legal documents
Bills go unpaid, utilities get shut off
They make unsafe decisions, like wandering, giving money away, or forgetting medication
Doctors confirm dementia or cognitive decline
They can no longer understand medical choices
They are vulnerable to scams or financial abuse
Guardianship becomes necessary when the person is no longer able to safely manage their life—and no legal planning was done ahead of time.
That is why we talk so much about powers of attorney. They often prevent the need for guardianship entirely.
How Guardianship Works in North Carolina: A Simple Step-by-Step Guide
Families are often surprised at how structured and formal the process is. Here is what happens, step by step:
1. A Petition Is Filed
A family member, or sometimes a social worker, files a petition with the Clerk of Court asking for the court to decide whether a person is legally incompetent.
The petition includes:
Medical concerns
Decline in memory or judgment
Examples of unsafe behavior
Why guardianship is needed
Once the petition is filed, the court opens a legal case.
2. The Court Appoints a Guardian ad Litem
A Guardian ad Litem (GAL) is an attorney who represents the person being evaluated.
The GAL:
Meets the person
Speaks with family
Reviews medical records
Gives an opinion to the court
This protects the person’s rights during the process.
3. A Medical Evaluation Is Completed
A doctor, or sometimes a psychologist, examines the person to determine whether they can understand decisions and manage their daily life.
The medical evaluation is a key part of the court’s decision.
4. A Hearing Is Scheduled
At the guardianship hearing:
The Clerk listens to evidence
Family members testify
The GAL reports findings
Doctors’ statements are reviewed
The person at the center of the case can attend if safe and appropriate.
5. The Court Decides Competency
The Clerk will decide:
Whether the person is legally incompetent
What type of guardian is needed
Who should serve as guardian
Sometimes a family member is appointed. Other times, especially in cases of conflict, the Clerk may appoint a neutral third party.
6. The Guardian Begins Their Duties
Guardians must:
Act in the person’s best interest
Use their judgment carefully
File yearly reports
Seek court approval for major decisions
It is a serious responsibility, not something to take on lightly.
When Dementia Moves Faster Than Expected
Mark and his sister, Sarah, grew up on a quiet street near Lake Benson. Their father, a retired firefighter, had always been steady, calm, and careful. But after their mother passed, his memory faded at a painful pace.
One afternoon, Mark found their father outside in the rain, trying to “walk home,” even though he was standing in his own backyard.
The family tried to step in. They made a medication chart. They installed cameras. They took turns visiting.
But dementia does not slow down because families try hard.
When their father handed over his debit card to a stranger at a gas station, believing the man was “an old friend,” the family knew they needed help.
Mark said, “It felt like we waited too long. I didn’t want to take away his freedom. But I also didn’t want him to lose everything he had worked for.”
Their story is a clear example of why guardianship exists: to step in when love alone is not enough to keep someone safe.
Guardianship Isn’t the Only Option: Planning Ahead Can Prevent Crisis
Guardianship is necessary when a person has already lost capacity and has no legal documents in place. But with early planning, families can avoid guardianship entirely.
Here are the most common alternatives:
1. Durable Power of Attorney (Financial)
Allows someone you trust to:
Manage money
Pay bills
Handle property
Protect assets
This document must be signed while the person still has capacity.
2. Health Care Power of Attorney
Allows someone to make medical decisions if the person cannot.
This avoids the need for a “guardian of the person.”
3. Living Will
Shares the person’s wishes about life support and medical choices.
4. Revocable Living Trust
Provides strong oversight for finances as someone ages.
A trust can:
Prevent financial abuse
Provide ongoing management
Avoid guardianship of the estate
Avoid probate later
5. Supported Decision-Making
A newer option used for adults who can still participate in decisions but need support and guidance.
Why This Matters So Much for Garner Families
Our community is aging. Many parents who moved to Garner decades ago to raise families are now entering their seventies and eighties. Dementia rates are rising, and adult children are carrying more responsibilities than ever before.
Guardianship can be one of the hardest experiences a family goes through because it marks the moment when a parent cannot speak or act fully for themselves.
It is emotional.
It is heavy.
But it can also be a lifeline.
With the right legal plan, families can protect:
A parent’s dignity
Their life savings
Their medical care
Their safety
Their peace
What To Do If You See the Early Signs
If you believe a parent in Garner or the Raleigh area is beginning to struggle:
Don’t wait.
Get a medical evaluation.
Start the legal conversation early.
Gather paperwork, bills, and medical records.
Ask whether a power of attorney can still be signed.
The earlier we begin, the more options families have—and the more control your parent keeps.
You Are Not Alone
If you are beginning to worry about a parent, you are not alone. Many families in Garner, Clayton, and the Raleigh area call me at this exact stage—unsure of what to do next and afraid of making the wrong choice.
I help families understand:
When guardianship is necessary
When alternatives can help
How to protect a parent’s safety and dignity
How to avoid a crisis before it happens
If you’d like guidance, I invite you to reach out. Let’s talk about your family’s situation, what you’re seeing, and what legal steps will help keep your loved one protected.
I offer a 2 hour paid consultation. You can schedule below or call us at (919) 336-4219.
