Can I use my relative’s funds to pay for a different room or higher level of care at the facility? – North Carolina Short Answer Often, yes—if the guardianship appointment gives authority over the relative’s money (a guardian of the estate or general guardian) and the expense is reasonable and for the relative’s benefit. Under…
Can I get access to my parent’s bank information if the bank won’t talk to me until I have the court letters? – North Carolina Short Answer Usually, no. In North Carolina, a bank will typically require letters of appointment showing court authority before it will share account details or allow access to a parent’s…
Does my adult child have to agree to guardianship, and what happens if they refuse to cooperate? – North Carolina Short Answer No. In North Carolina, an adult does not have to agree to a guardianship for the court to appoint one. If the adult child refuses to cooperate, the case can still move forward…
Who has to be formally notified when I file to transfer a guardianship, and what happens if someone can’t be found? – North Carolina Short Answer In North Carolina, a petition to transfer a guardianship to another state must be formally noticed to the same categories of people who would be entitled to notice if…
Can a parent handle an adult child’s disability benefits and speak with the agency once guardianship is granted? – North Carolina Short Answer In North Carolina, once a parent is appointed as a guardian, that parent generally can communicate with agencies and handle many day-to-day matters for an adult child who has been adjudicated incompetent.…
What happens if the court requires a bond but I can’t find out my parent’s account balances to set the bond amount? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court sets the bond amount for a guardian of the estate (or a general guardian) based on the value the clerk…
What kind of proof does the court usually need to show my adult child can’t manage daily living or make safe decisions? – North Carolina Short Answer In North Carolina, the clerk of superior court usually looks for current, practical evidence that an adult lacks the capacity to manage personal affairs or to make or…
How do we get general guardianship for an adult child with autism who cannot communicate or answer questions? – North Carolina Short Answer In North Carolina, “general guardianship” for an adult usually requires two court steps: (1) a Clerk of Superior Court proceeding to have the adult adjudicated incompetent, and (2) an appointment of a…
What documents do I need to show the new court that I was already appointed conservator in the prior state? – North Carolina Short Answer In North Carolina, the “new court” usually wants certified copies of the prior state’s appointment paperwork—most importantly the order appointing the conservator/guardian and the current letters of office (sometimes called…
Can a special needs trust pay for a private room in a care facility without affecting benefits? – North Carolina Short Answer Sometimes, but it depends on what benefit programs are involved and how the care facility bills the private-room cost. Under common SSI and Medicaid rules that apply in North Carolina, a special needs…
