Can you handle a guardianship case based in another state? – North Carolina Short Answer In North Carolina, we can represent you in guardianship matters filed in a North Carolina county before the Clerk of Superior Court. If your case is based in another state, we generally cannot appear there unless admitted with local counsel.…
What is the process for terminating or reducing a guardianship? – North Carolina Short Answer In North Carolina, you end a guardianship by asking the court to restore you to competency; you reduce a guardianship by asking the court to modify it (for example, to a limited guardianship). Both are filed with the Clerk of…
Can I access my parent’s financial records held in a trust and POA account? – North Carolina Short Answer Yes, but how you get them depends on the type of account and your parent’s capacity. In North Carolina, a court can order a trustee to provide trust records and an agent under a power of…
What steps do I take to obtain guardianship over my parent when a POA is already in place? – North Carolina Short Answer In North Carolina, you start by filing a verified petition to declare your parent incompetent and to appoint a guardian with the Clerk of Superior Court. A prior power of attorney (POA)…
How do I prove and stop financial fraud by a family trust’s trustee? – North Carolina Short Answer In North Carolina, you stop suspected trustee fraud by getting the court involved fast: demand a formal accounting, seek interim court orders to freeze or safeguard assets, and ask to suspend or remove the trustee. If your…
Is there a way to spread out bond premiums or reduce the upfront legal retainer? – North Carolina Short Answer Yes. In North Carolina guardianships, the Clerk of Superior Court will not issue Letters until you file the bond and take the oath, but you can often lower the bond (and the premium) by asking…
Can I start managing my father’s finances or apply for Medicaid before receiving the letters of guardianship? – North Carolina Short Answer In North Carolina, you generally cannot manage finances or submit a Medicaid application for an incapacitated adult until you qualify with the Clerk of Superior Court and the Clerk issues Letters of Guardianship.…
How is the bond amount calculated based on my father’s assets? – North Carolina Short Answer In North Carolina guardianships, the Clerk of Superior Court sets the bond based on the value of the ward’s personal property and the yearly income the guardian will control. Real estate value is not counted. With a corporate surety,…
What documents and oaths do I need to submit after the hearing to get the letters of guardianship? – North Carolina Short Answer In North Carolina, you must “qualify” with the Clerk of Superior Court before letters of guardianship are issued. That typically means filing the Application for Letters of Guardianship (AOC-E-206), signing the guardian’s…
How can I obtain the surety bond required to finalize my father’s guardianship? – North Carolina Short Answer In North Carolina, a guardian of the estate (or general guardian) must post a bond approved by the Clerk of Superior Court and take an oath before the court will issue Letters of Appointment. The clerk sets…