What kind of proof should I gather and who can perform a welfare check for suspected elder abuse? – North Carolina Short Answer Under North Carolina law, any person with reasonable cause to believe a disabled or elder adult is being abused, neglected, or exploited should report concerns to the county Department of Social Services…
How can I challenge a guardianship that was put over me when I didn’t consent and believe I can manage my own affairs? – North Carolina Short Answer In North Carolina, an adult under guardianship can challenge the guardianship by filing a motion in the original guardianship case asking the clerk of superior court to…
What steps do I take to get emergency guardianship or a protective order to keep them safe? – North Carolina Short Answer In North Carolina, emergency protection for a vulnerable adult usually happens in two tracks at the same time: (1) an emergency or interim guardianship case in the clerk of superior court, and (2)…
How can I remove an elderly family member from a harmful living situation if I believe they are under duress? – North Carolina Short Answer Under North Carolina law, removing an elderly adult from a harmful living situation usually happens through Adult Protective Services (APS) and/or a guardianship case in the county where the adult…
How quickly can a court act to protect a vulnerable adult, and what happens after temporary orders are granted? – North Carolina Short Answer Under North Carolina law, a court can act very quickly to protect a vulnerable or disabled adult. In serious emergencies, the court can issue an ex parte emergency protective order the…
Can I start and manage a guardianship case from out of state? – North Carolina Short Answer Under North Carolina law, a person who lives in another state can usually file and manage a North Carolina adult guardianship case if the adult in need of protection has the required ties to North Carolina. The case…
Can a power of attorney be signed at a care facility, and what proof of capacity will a court accept? – North Carolina Short Answer In North Carolina, a power of attorney may be signed in a hospital, nursing home, assisted living facility, or other care setting as long as the signer meets the legal…
How can I remove a sibling living in my relative’s home when my relative can’t attend court but is mentally competent? – North Carolina Short Answer Under North Carolina law, a mentally competent homeowner generally must be the one to act in court to remove someone from the home, usually through a summary ejectment (eviction)…
Do I need guardianship, or would a power of attorney be enough to evict my sibling and manage the house of my family member? – North Carolina Short Answer Under North Carolina law, a valid, properly drafted and recorded financial power of attorney often gives an agent enough authority to manage a family member’s house…
If the home is jointly titled with survivorship rights and my relative holds the larger share, who can legally start an eviction? – North Carolina Short Answer Under North Carolina law, each joint owner with a right to survivorship has an equal right to possess the entire home, regardless of who owns the larger share.…