How do I protect my parent’s wishes when the appointed agent refuses to follow them? – North Carolina Short Answer In North Carolina, the first question is whether the parent still has decision-making capacity. If so, the parent can revoke the power of attorney in writing and name a new agent. If capacity is impaired,…
What steps are required to rescind a power of attorney after the principal has started losing capacity? – North Carolina Short Answer In North Carolina, only a principal with legal capacity can revoke a power of attorney by signing a written revocation and giving actual notice to the agent and third parties. If capacity is…
What is the difference between being a joint owner and being listed with rights of survivorship when managing money during incapacity? – North Carolina Short Answer In North Carolina, a joint owner has present ownership and can access the account during the original owner’s lifetime; “rights of survivorship” decides who owns the funds at death.…
If a court later appoints a guardian, what happens to our access to the joint account and will past transactions be reviewed? – North Carolina Short Answer Once a North Carolina court appoints and qualifies a guardian of the estate or general guardian, the guardian controls the ward’s bank funds. Banks typically honor only the…
Can I limit a power of attorney to specific decisions or transactions? – North Carolina Short Answer Yes. North Carolina law allows a power of attorney (financial or health care) to be narrowly tailored to specific tasks, decisions, or time periods. The document can grant only selected powers, exclude others, and even condition when it…
How can I become legal guardian of my family member with schizophrenia in an assisted living facility? – North Carolina Short Answer In North Carolina, a relative or other interested person may petition the Clerk of Superior Court to have an adult adjudicated incompetent and to be appointed as guardian. The court requires clear, cogent,…
Can I access my family member’s medical records and bank account information to manage their care and benefits? – North Carolina Short Answer Under North Carolina law, a family member generally cannot access another adult’s medical or bank records unless authorized by the person, a court order, or formal appointment as guardian. Before appointment, records…
What factors will the court consider when deciding whether to remove a professional guardian in favor of a family member? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court may remove a guardian if replacing the current guardian would provide better care and maintenance for the ward or if statutory grounds…
How can I petition the court to become guardian of my adult sibling currently under a social worker’s care? – North Carolina Short Answer In North Carolina, a sibling can ask the Clerk of Superior Court to remove a current guardian and appoint a new one if the change is in the adult’s best interests…
What is the typical timeline and fee structure for obtaining guardianship? – North Carolina Short Answer In North Carolina, an adult guardianship case is opened by filing a petition with the Clerk of Superior Court. The clerk sets a hearing quickly, personal service by the sheriff is required, and many cases are heard within a…