Serving as a guardian in North Carolina is an act of deep responsibility. Whether you stepped in to help a parent, sibling, adult child, or other loved one, the role can quickly become emotionally exhausting and administratively overwhelming. Many guardians do not realize that the law provides important protections—including the right to be reimbursed for reasonable expenses, and even the ability to resign when the duties become unmanageable.
If you are a guardian who feels stretched thin, below we outline your rights, the reimbursement process, and when and how a guardianship can end.
Guardianship Explained
Guardianship places a heavy burden on the guardian — but it also imposes duties and oversight. The system recognizes that guardians cannot be given a “blank check.” Under federal and state guidance, any guardian who manages another person’s finances must carefully document expenses, provide annual accountings, and justify acts of major financial change. Without this oversight, wards are vulnerable to abuse — including misuse of funds, neglect, or exploitation. A recent high-profile guardianship case involving Wendy Williams has renewed national scrutiny over how easily guardians can control all aspects of a person’s life — finances, medical care, living situation, and even personal liberty.
Because of these risks, some guardians and families explore less restrictive alternatives. When a person retains decision-making capacity — even if they struggle with complex tasks — tools like durable powers of attorney, health-care proxies, or supported decision-making agreements may offer a balance of autonomy and protection. These can prevent full guardianship and preserve the individual’s dignity and independence.
If you are a guardian and begin to question the arrangement — or suspect that someone else’s guardianship is abusive — North Carolina law allows you to report concerns to your county’s adult-protective services. If there may be an issue, the Court may request supporting documentation to evidence the guardian’s actions, order forensic accounting, remove a guardian, or even appoint an independent guardian.
Guardianship should never be viewed as a lifetime “yes” — it is meant to protect, not to control. If the demands become too heavy, if you believe your role exceeds what is reasonable, or if the protected person’s interests are no longer served, it is both lawful and responsible to seek relief — whether that means resignation, appointment of a different guardian, or a less restrictive alternative to guardianship such as a Power of Attorney if it would be in the person’s best interest.
Guardians Are Not Required to Use Their Own Money
One common misconception is that guardians must personally pay for the ward’s needs. Under North Carolina law, this is not the case. Guardians are not required to support the ward with their own resources, and they are not liable for the ward’s debts. If you have used your own funds to pay for the ward’s needs, you may be entitled to reimbursement as long as:
• The expense was reasonable; and
• It directly supported the ward’s care, maintenance, education, or benefit; and
• You have receipts.
Guardians of the estate or general guardians may also receive a commission, usually up to five percent (5%) of the value of the ward's assets and personal property.
Note: A different rule applies for veterans’ estates.
When Guardians Can Be Reimbursed
North Carolina allows reimbursement for necessary expenses, but there are specific requirements:
Proper purpose
The expense must directly benefit the ward (i.e., medical bills, housing, transportation, and/or educational/therapeutic costs.)
Documentation
Guardians must submit “vouchers”— their itemized invoices, receipts, and proof of payment such as canceled checks or bank or credit card statements
Accounting requirements
Reimbursements must be listed in the annual accounting with supporting bank statements
Prior court approval
If the reimbursement requires using the ward’s principal (not income), or involves selling personal property worth more than $5,000 within the accounting period, you must first file a petition and receive an Order approving the sale
How to File for Reimbursement
- Prepare your documentation
- List the reimbursements on AOC-E-506 form
- Attach bank, financial statements, and receipts
- Petition the court for reimbursement
- Submit to the Clerk
- Respond to the Clerk’s follow-up questions
Guardianship does not last forever …
A guardianship — and the associated legal duties — end automatically when:
- You resign (with court approval);
- The ward regains competence, or
- The clerk removes you for cause.
Many guardians feel guilty about resigning, but the law recognizes that personal, health, financial, or emotional circumstances may make continued service impossible. Resignation is a permissible and sometimes necessary step.
Is the Department of Social Services the Default Guardian?
Many guardians worry that if they resign, DSS will instantly take over. In reality, North Carolina has a clear order of preference, and DSS is last on the list:
- An individual—family member, friend, or another appropriate person
- A private corporation capable of serving as guardian
- A disinterested public agent
- A director or assistant director of DSS
This means that if you can no longer serve, the court will first look for another suitable guardian. If you are in this situation, you may consider seeking legal advice.
Can I Move the Ward with Me? (Relocating or Retiring to Another State as a Guardian)
Guardians who wish to move — whether for work, family, or retirement — often discover that they cannot simply take the ward with them. A ward cannot be relocated across state lines without permission from the court that appointed the guardian. Before any move, the guardian must file a petition requesting approval to relocate the ward and must coordinate with both the current state’s court and the court in the state where they hope to move. Each state must formally recognize and transfer the guardianship to ensure the guardian’s authority continues uninterrupted. Until both courts approve the transfer, the original guardianship remains in effect and continues to govern the guardian’s duties, even if the guardian is personally ready to relocate. This process is manageable, but requires planning so the guardian is not left restricted or unable to move forward with retirement or a significant life change.
Final Thoughts
Guardianship is demanding, and North Carolina law acknowledges that guardians may need compensation, reimbursement, or even relief from the role entirely. If you have paid out-of-pocket for the ward’s needs, you may be entitled to repayment—just be sure to document everything and follow the accounting rules. If you feel that continuing as guardian is no longer sustainable, it is entirely appropriate to seek resignation and request that the clerk appoint a successor. This is a difficult issue to tackle alone. You may consider contacting us as our team has a wealth of experience with guardianship matters and our staff is always ready to help.
If you are in need of assistance, the attorneys at Collins Family & Elder Law Group can help.
