19 Jul Obtaining Legal Authority to Make Decisions
“I need legal authority to assist my 18 year-old adult child.”
As a matter of law, a child becomes an adult at the age of 18. General legal authority for a parent to make decisions ceases at 18, regardless of the adult child’s special needs and/or limitations. If a parent wants legal authority to help support their children at 18 and beyond, there are two options: Power of Attorney and Guardianship. Thought should be given to these options before the child turns 18 so that you are ready to take action at the appropriate time.
Power of Attorney
A power of attorney (POA) may be a “shoe that fits,” if an 18+ year-old adult has the mental capacity to execute this legal document; mental capacity is determined by the attorney who you engage to execute these legal documents. The adult, called the “principal” in the document, gives authority to an agent to act for the principal. A POA, routinely drafted by an attorney, does not engage or involve the Court system. There are different types of POAs that you can discuss with your attorney: financial, health, healthcare directive/living will, and HIPPA, which allows healthcare information about your child to be released to you, but does not allow you to make any decisions about that health care. By law (Chapter 32A of the General Statutes), the agent must always act in the best interests of the principal and may not be compensated for their services. Also, the form must not only be notarized during signature time but also witnessed by at least two (2) persons. It should be noted that the adult can change or terminate a POA at any time.
Supported Decision Making
For information about this new model as an alternative to guardianship, see https://
Guardianship in North Carolina
North Carolina’s New Guardianship Law took effect in 2024. To petition the Court for guardianship, the petitioner must explain to the court that less restrictive alternatives (LRAs) have been considered and tried first and explain why those alternatives were not sufficient. The law also requires that individuals receive notice of their rights, both before and after guardianship, and the clerks of court (the judges who determine the need for guardianship in NC) have more tools for monitoring and oversight. For more information, see: https://rethinkingguardianshipnc.org/guardianship/