What happens to an existing power of attorney when the person named as agent has died? – North Carolina Short Answer In North Carolina, if the person named as agent (attorney-in-fact) in a power of attorney has died, that agent cannot act anymore. If the document names a successor agent, the successor can usually step…
What legal paperwork do I need so I can take my grandkids to doctor appointments and handle school or medical decisions while their parent is hospitalized? – North Carolina Short Answer In North Carolina, the right paperwork depends on whether authority is needed for the grandkids (minors) or for the hospitalized parent (an adult). For…
Can I use the protected person’s money to pay for personal needs and moving-related costs like groceries, clothing, storage, and transporting vehicles, and what records should I keep for the annual accounting? – North Carolina Short Answer In North Carolina, a guardian of the estate can generally use the ward’s money to pay the ward’s…
How can I get a power of attorney if my spouse is in the ICU and heavily sedated? – North Carolina Short Answer In North Carolina, a power of attorney must be signed by the person giving the authority (the “principal”) while that person has enough mental capacity to understand what is being signed. If…
Do I need a power of attorney or advance directive if I’m pursuing guardianship instead? – North Carolina Short Answer In North Carolina, a power of attorney or advance directive is not required to pursue adult guardianship. Guardianship is a court process through the Clerk of Superior Court that can give a guardian legal authority…
What is the difference between guardianship and a power of attorney, and which one do I need? – North Carolina Short Answer In North Carolina, a power of attorney is a private document where a competent adult gives someone authority to act for them, usually without court involvement. Guardianship is a court process where the…
What can I do if a family member accessed a parent’s life insurance account and changed beneficiaries without proper permission? – North Carolina Short Answer In North Carolina, the main options are to (1) immediately notify the life insurance company in writing and ask it to freeze beneficiary changes and flag the policy for suspected…
Do we need full guardianship, or can we ask for a more limited guardianship that only covers medical decisions or certain areas? – North Carolina Short Answer In North Carolina, full guardianship is not always required. A petition can ask the Clerk of Superior Court to appoint a guardian with powers limited to the areas…
Can I still handle bills and manage our shared property if I’m already listed on the bank accounts but don’t have a power of attorney? – North Carolina Short Answer In North Carolina, being listed as a joint owner on a bank account often allows withdrawals and bill payments from that specific account even without…
What happens to my inheritance if my relative’s care costs increase or the estate requires ongoing payments for my relative? – North Carolina Short Answer In North Carolina, an expected inheritance is not protected just because a family member hopes to receive it later. If an adult relative has been found incompetent and a guardian…
