Can I use a limited guardianship order instead of reopening the entire estate to sell the house? – North Carolina Short Answer Often, yes. In North Carolina, you usually do not need to reopen a closed estate to sell real estate that already passed to the heirs. If a minor owns a share, the court…
What documents are required to complete the sale of a property when a minor heir is involved? – North Carolina Short Answer In North Carolina, you generally need: (1) Letters of Guardianship for the minor (guardian of the estate or general guardian), (2) a verified petition and court order authorizing the sale of the minor’s…
Can I use certificates or other medical records to prove my competence? – North Carolina Short Answer Yes—under North Carolina guardianship law, you can present medical certificates, treatment notes, and other records to show you are competent. But documents alone may not carry the day unless they are admissible and reliable. The clerk of superior…
How can I challenge the hospital’s determination that I’m incompetent? – North Carolina Short Answer In North Carolina, only a court—not a hospital—can declare you legally incompetent. You can challenge a hospital’s claim by participating in (or initiating) a guardianship case before the Clerk of Superior Court, requesting an independent evaluation, and asserting your rights…
Can a guardianship be reversed if the ward’s condition has significantly improved? – North Carolina Short Answer Yes. In North Carolina, the court can restore some or all rights to a person under guardianship if current evidence shows they can again manage their affairs or make and communicate important decisions. You request this by filing…
What steps do I need to take to petition the court for competency restoration? – North Carolina Short Answer In North Carolina, you petition for restoration by filing a verified Motion in the Cause in the existing guardianship case with the Clerk of Superior Court. The court will give notice, may appoint a guardian ad…
What information does the court consider when reviewing a request to change guardianship? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court looks at the ward’s current abilities and needs, whether a less restrictive arrangement would work, the guardian’s performance and suitability, and whether a different person can better meet the…
What steps are required to modify or terminate a current guardianship? – North Carolina Short Answer In North Carolina, you modify a guardianship by filing a Motion in the Cause with the Clerk of Superior Court asking to change the guardian’s powers or the type of guardianship. To replace the guardian, you seek removal and…
Can I remove my appointed guardian and select someone else to act as guardian? – North Carolina Short Answer Yes. In North Carolina, you can ask the Clerk of Superior Court to remove a current guardian and appoint a different, more suitable guardian. The clerk may remove a guardian for cause and can also modify…
How does emergency guardianship work and when can it be invoked? – North Carolina Short Answer In North Carolina, “emergency guardianship” is called an interim guardianship. The Clerk of Superior Court can appoint an interim guardian before a full incompetency decision if there is reasonable cause to believe the person is incompetent and faces an…