Can I ask the court to change who the guardian is if the current arrangement isn’t working? – North Carolina Short Answer Yes. In North Carolina, a guardianship is supervised by the Clerk of Superior Court, and the clerk can remove a guardian and appoint a successor if there is good reason and the change…
If my relative’s condition worsens quickly, can the court issue an emergency or temporary guardianship? – North Carolina Short Answer Yes. In North Carolina, after a guardianship (incompetency) case is filed, the Clerk of Superior Court can appoint an interim guardian on an emergency basis when there is reasonable cause to believe the person is…
What happens to the guardianship case if my relative passes away before the court appoints a guardian? – North Carolina Short Answer In North Carolina, a guardianship is meant to protect a living person who has been found incompetent. If the respondent (the person the case is about) dies before the clerk of superior court…
How can I get my rights back if I’m under a guardianship? – North Carolina Short Answer In North Carolina, a person under an adult guardianship can ask the Clerk of Superior Court to restore rights by filing a verified motion for restoration to competency in the same guardianship case. The clerk must schedule a…
How does a hospice recommendation affect a pending guardianship petition? – North Carolina Short Answer In North Carolina, a hospice recommendation usually does not stop a pending adult guardianship case by itself. The case can still move forward in front of the Clerk of Superior Court if a guardian is needed to make decisions quickly,…
What rights do I still have while a guardianship is in place? – North Carolina Short Answer In North Carolina, a guardianship does not automatically erase every right. The rights that remain depend on (1) what the clerk of superior court found in the incompetency order and (2) whether the guardian is a general guardian,…
Do the adult children who live out of state have to be notified about a guardianship case, and do they have to agree to it? – North Carolina Short Answer In North Carolina, adult children who live out of state usually must be notified if they are the respondent’s “next of kin” listed in the…
How do I get guardianship over an adult family member who is mentally unable to make medical and financial decisions and refuses to sign a power of attorney? – North Carolina Short Answer In North Carolina, when an adult cannot understand or communicate decisions and will not (or cannot) sign a power of attorney, the…
If the hospital is planning to discharge my family member soon, what can we do to keep them from going home alone if we think they’re a danger to themself? – North Carolina Short Answer In North Carolina, the two fastest legal paths are usually (1) seeking an interim (emergency) guardian through the Clerk of…
Can we set up a bank account that requires two signatures so the person can’t withdraw money alone? – North Carolina Short Answer Sometimes, but it depends on what legal authority exists over the money. In North Carolina, a bank or credit union may allow a joint account to be set up so withdrawals require…
