What happens if my adult child is living in another state—do I have to file for guardianship where they currently live? – North Carolina Short Answer Often, yes. Under North Carolina’s jurisdiction rules for adult guardianship, the starting point is usually the adult’s “home state,” which is commonly the state where the adult has been…
Do I need a new mental health evaluation or recent medical records to prove my adult child needs a guardian? – North Carolina Short Answer Not always. In North Carolina, the clerk of superior court can decide an adult incompetency/guardianship case based on the evidence presented, and the clerk can also order a current multidisciplinary…
How do I change an adult guardianship so I can be involved in my relative’s medical decisions and care? – North Carolina Short Answer In North Carolina, changing an adult guardianship usually happens by filing a “motion in the cause” in the existing guardianship file with the Clerk of Superior Court in the county where…
How do I start the guardianship process for a family member who can’t make decisions safely? – North Carolina Short Answer In North Carolina, starting an adult guardianship usually begins by filing a verified petition asking the Clerk of Superior Court to decide whether the person is legally “incompetent.” If the clerk adjudicates incompetence, the…
What evidence does the court usually want to see to approve a change in guardian or expand a family member’s access? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court usually wants practical, reliable proof that the requested change (a new guardian of the person or expanded access like medical updates…
Can I use my parent’s money to pay a memory care deposit and moving costs while the guardianship transfer is still pending? – North Carolina Short Answer Often, yes—if the court appointment in North Carolina includes authority over the parent’s finances (a guardianship of the estate or general guardianship), the guardian can usually use the…
How can I change or remove my current guardian if I disagree with their decisions about where I live? – North Carolina Short Answer In North Carolina, a guardianship stays under the supervision of the Clerk of Superior Court, and the clerk can change the guardianship order or remove and replace a guardian. The usual…
How do I transfer an adult guardianship and conservatorship from one state to another when the protected person is moving into a memory care facility? – North Carolina Short Answer In North Carolina, an interstate transfer of an adult guardianship (person) and conservatorship/guardianship of the estate (money and property) usually happens through a two-court process…
Can a care facility refuse to share medical updates with me just because there is a guardian appointed? – North Carolina Short Answer Often, yes. In North Carolina, once an adult is under guardianship, the person with legal authority to make (and receive information about) medical decisions is usually the guardian of the person (or…
What can I do if I’m not allowed to take my relative out of the facility for short visits? – North Carolina Short Answer In North Carolina, a care facility will usually follow the current guardianship order and the instructions of the court-appointed guardian, especially about supervision, off-site trips, and medical information. If short visits…