McIntyre Elder Law
By Greg McIntyre & Brenton Begley
October 1st, 2025
Guardianship is meant to protect vulnerable adults who can no longer manage their personal, financial, or healthcare affairs. But in practice, guardianship cases often become contentious, complex, and emotionally draining for families.
Guardianship is often described as a last resort, but without proper planning, it can quickly spiral into one of the most stressful legal battles a family faces.
In North Carolina, only a judge—not a doctor—can legally declare someone incompetent. Once a petition is filed, the court must decide both whether the individual is incompetent and, if so, who should serve as guardian. Unfortunately, this process can quickly turn into a nightmare if certain safeguards aren’t in place.
Attorneys Greg McIntyre and Brenton Begley of McIntyre Elder Law identified four major guardianship pitfalls that families frequently encounter:
- Lack of medical evidence
- No powers of attorney in place
- Highly contested guardianship disputes
- Appointment of a third-party guardian
