How can I prevent relatives from interfering with a vulnerable adult’s finances while the guardianship is being finalized? – North Carolina Short Answer In North Carolina, the most direct way to stop relatives from interfering with a vulnerable adult’s money while a guardianship is still pending is to ask the Clerk of Superior Court for…
If my relative has no living children, who is allowed to petition the court to become guardian? – North Carolina Short Answer In North Carolina, a guardianship case does not require the proposed ward to have living children for someone to start it. Generally, any person may file a verified petition asking the Clerk of…
How can I ask the court for a continuance when I just found out about the hearing? – North Carolina Short Answer In North Carolina guardianship and incompetency cases, a continuance is usually requested by filing a written motion (or request) with the Clerk of Superior Court and promptly giving notice to the other parties.…
What is a guardianship bond, how is the bond amount determined, and do vehicles and other assets have to be listed for the bond? – North Carolina Short Answer In North Carolina, a guardianship bond is a financial guarantee required by the Clerk of Superior Court before issuing letters to a general guardian or guardian…
How do I start a guardianship case for an incapacitated spouse, and what does the court process involve? – North Carolina Short Answer In North Carolina, starting a guardianship for an incapacitated spouse usually begins with filing a verified petition asking the Clerk of Superior Court to adjudicate the spouse incompetent, followed by an application…
How can guardianship help me move my child into a safer facility and make medical and living decisions? – North Carolina Short Answer In North Carolina, guardianship can give a court-appointed guardian legal authority to make an incompetent adult’s living and care decisions, including arranging placement in a safer facility and coordinating medical care. The…
Can I stop or change who controls my child’s disability payments if someone else tried to become the representative payee? – North Carolina Short Answer Yes—often, but it depends on which “disability payments” are involved and what stage the payee change is in. In North Carolina, a guardianship case in front of the Clerk of…
Can a family member stop or delay a guardianship after the court has already approved it but before the final paperwork is signed? – North Carolina Short Answer Sometimes, but not just by objecting informally. In North Carolina, once the Clerk of Superior Court has entered an order appointing a guardian, the appointment generally remains…
What happens at an incompetency hearing, and what should I expect? – North Carolina Short Answer In North Carolina, an incompetency hearing is a court proceeding—usually before the Clerk of Superior Court—where the decision-maker determines whether an adult lacks enough capacity to manage personal affairs or property. The hearing focuses on evidence (often medical and…
Does the protected person have to be physically present in the new state before the guardianship transfer can be filed or approved? – North Carolina Short Answer Under North Carolina law, the protected person generally does not have to be physically present in the new state before the transfer paperwork can be started. For a…
