What paperwork and medical or disability documentation will I need for a guardianship case? – North Carolina Short Answer In North Carolina, a guardianship case usually requires (1) a court filing that identifies the proposed ward, family members, and the type of guardianship requested, and (2) evidence showing why a guardian is needed. For a…
What paperwork and court steps are usually required to finalize a guardianship transfer to my new state? – North Carolina Short Answer In North Carolina, a guardianship transfer from another state is usually finalized by filing a petition in the North Carolina county where the adult will live (or another appropriate county) asking the Clerk…
If both parents are incapacitated, how can our family get a neutral decision-maker appointed to protect them and their finances? – North Carolina Short Answer In North Carolina, a family can ask the Clerk of Superior Court to appoint a court-supervised guardian (or, in some situations, approve a limited protective order) for an incapacitated adult.…
Can I get an emergency guardianship quickly so I can handle my adult child’s housing and property issues right away? – North Carolina Short Answer Yes. In North Carolina, a parent can ask the Clerk of Superior Court to appoint an interim guardian on an emergency basis when there is reasonable cause to believe an…
How do I ask the court to remove or replace my adult child’s current guardian if I believe they’re not acting in my child’s best interests? – North Carolina Short Answer In North Carolina, a request to remove or replace an adult guardian is usually made to the Clerk of Superior Court in the county…
How do I get general guardianship over my minor child so I can handle both personal and financial decisions? – North Carolina Short Answer In North Carolina, a “general guardian” for a minor is a court-appointed role that combines authority over the child’s personal decisions (guardian of the person) and the child’s money/property (guardian of…
While the transfer is pending, can I still make medical and financial decisions for my ward in the new state? – North Carolina Short Answer Usually, the guardian’s authority continues under the original court’s order until the original court enters a final order confirming the transfer and terminating the North Carolina case. But the “new…
Do I need to show the court how I spend my adult child’s disability benefits when I’m applying for guardianship? – North Carolina Short Answer Usually, no. In North Carolina, the guardianship appointment hearing focuses on whether the adult needs a guardian and, if so, what type of guardian is required—not on a detailed audit…
What happens if the other parent gets notice of the guardianship case but doesn’t respond? – North Carolina Short Answer In a North Carolina adult guardianship case, a parent who receives proper notice can choose not to participate, and the case can still move forward. The clerk of superior court generally will not “default” a…
How do I get guardianship of my adult child who can’t manage daily life skills or money safely? – North Carolina Short Answer In North Carolina, guardianship for an adult usually starts by filing an incompetency/guardianship petition with the Clerk of Superior Court in the county where the adult lives. The clerk decides whether the…