How do I ask the court to change an adult guardianship so a family member can become the guardian instead of a public agency? – North Carolina Short Answer In North Carolina, a request to replace a public agency guardian with a family member is usually made by filing a written petition or motion with…
What does the court look at when deciding whether a family member is an appropriate successor guardian for an adult with serious safety and mental-health concerns? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court focuses on who can most suitably serve as guardian and what arrangement is in the adult…
If a family member disagrees with the guardian’s restrictions or believes the guardian is not communicating enough, what options are available besides changing the guardianship? – North Carolina Short Answer In North Carolina, a family member often has options short of replacing the guardian. Common paths include asking the guardian for a clearer communication plan,…
What visitation limits can a facility or guardian set for an adult under guardianship, especially regarding taking the adult off-site for outings? – North Carolina Short Answer In North Carolina, a facility usually may set reasonable visitation and safety rules (hours, sign-in, screening, supervision), but it generally cannot impose blanket “no visitors” policies that conflict…
Can a family member get updates about an adult’s medical condition and medications without being the legal guardian? – North Carolina Short Answer Usually not in any reliable way. In North Carolina, health care providers typically cannot share an adult’s medical condition and medication information with a family member unless the adult consents or the…
Can the current guardian file the petition to expand the guardianship, or can another family member do it? – North Carolina Short Answer In North Carolina, the current guardian can ask the Clerk of Superior Court to expand the guardianship, and another family member can also file. State law allows any party or any other…
Do I need a partition case to sell a jointly owned inherited home if the guardian and co-owner agree to the sale? – North Carolina Short Answer Usually, no. In North Carolina, if all co-owners agree to sell a jointly owned inherited home, the property can often be sold by a regular market sale without…
What is the difference between guardianship over the person and guardianship over the estate, and when do you need both? – North Carolina Short Answer In North Carolina, a guardian of the person makes care and personal-decision arrangements for an incapacitated adult, while a guardian of the estate manages money and property. When an incapacitated…
What kind of proof does the court need to show my relative can’t safely handle money even if they can sometimes function day-to-day? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court looks for practical, specific evidence that an adult cannot manage money or protect themselves from financial harm, even if…
If my relative and I inherited a house together, what is the best way to sell it when one co-owner is under guardianship? – North Carolina Short Answer In North Carolina, the cleanest way to sell an inherited house when one co-owner is under guardianship is usually to have a properly appointed guardian of the…
