Can I get guardianship in the state where my adult child lives if I live in a different state? – North Carolina Short Answer Yes. In North Carolina, a parent who lives in another state can still ask a North Carolina court to appoint them as guardian if North Carolina has jurisdiction over the adult…
Can I ask the court to remove social services as guardian and appoint me or a private guardian instead? – North Carolina Short Answer Yes. In North Carolina adult guardianship cases, the Clerk of Superior Court can remove a guardian (including the county department of social services acting as a public guardian) and appoint a…
How can I find out whether a guardianship case has been filed and what paperwork I’m entitled to receive? – North Carolina Short Answer In North Carolina, guardianship cases are filed with the Clerk of Superior Court (the “clerk”) in the county where the adult lives or is present, and the clerk’s office can usually…
What kind of proof and documents do we need to show the court that an adult child needs a guardianship (medical records, bank records, and specific incidents)? – North Carolina Short Answer In North Carolina, the court (usually the Clerk of Superior Court) looks for clear, practical evidence that the adult cannot manage personal decisions…
What can I do if I believe my parent was removed from the home without proper court approval during a guardianship case? – North Carolina Short Answer In North Carolina, most placement and removal decisions in an adult guardianship case flow through the Clerk of Superior Court and the guardian’s authority. If a parent was…
What medical records and paperwork do I need to start a guardianship? – North Carolina Short Answer In North Carolina, starting a guardianship usually requires (1) paperwork filed with the Clerk of Superior Court and (2) medical or clinical information that shows why the person cannot manage some or all decisions. The exact medical records…
If my spouse goes to a veteran care facility or nursing facility, who controls their monthly income and bank accounts? – North Carolina Short Answer In North Carolina, a spouse’s move into a veteran care facility or nursing facility does not automatically transfer control of that spouse’s monthly income or bank accounts to the other…
What happens in a medical emergency if my adult sibling won’t consent to share information—can we get an emergency or temporary guardianship quickly? – North Carolina Short Answer In North Carolina, a family usually cannot force a hospital to share information about a competent adult who refuses consent. If the adult lacks capacity and there…
What rights do relatives or other interested people have to contest who is appointed as guardian when social services is involved? – North Carolina Short Answer In North Carolina, relatives and other interested people can ask the court to appoint a different guardian than the one supported by social services, but the decision-maker must still…
What paperwork, reporting, or court approvals are usually required after I’m appointed guardian of a minor’s estate? – North Carolina Short Answer In North Carolina, after appointment as guardian of a minor’s estate, the clerk of superior court typically expects the guardian to (1) qualify and obtain letters of appointment, (2) take control of the…