Can I change my sibling’s care facility once I’m appointed guardian, and what process is required? – North Carolina Short Answer In North Carolina, a guardian of the person (or a general guardian) may choose and change an adult ward’s residence and care facility when it is in the ward’s best interests. Moving the ward…
How can I set up a power of attorney for my parent who lives in another state? – North Carolina Short Answer In North Carolina, a parent must personally sign a power of attorney (POA) while they still have capacity, and it should be executed under the law of the state where the parent signs.…
Can I limit a guardianship to only healthcare decisions and avoid financial responsibilities? – North Carolina Short Answer Yes. North Carolina allows a limited guardianship of the person so that a guardian handles only healthcare and personal decisions, while the adult keeps financial rights or a separate guardian of the estate manages money. The Clerk…
What are the differences between guardianship of the person and guardianship of the estate? – North Carolina Short Answer In North Carolina, a guardian of the person makes personal, medical, residential, and day-to-day care decisions. A guardian of the estate manages money, property, income, and bills. A general guardian holds both sets of powers. The…
How do jurisdiction rules affect appointing a guardian or agent in a neighboring state? – North Carolina Short Answer North Carolina follows a uniform set of rules to decide which state should handle an adult guardianship. Usually, the “home state” (where the adult has lived for at least six straight months) has priority. North Carolina…
What steps do I need to take if medical case managers are accusing me of neglect? – North Carolina Short Answer In North Carolina, the immediate step is to document care, communicate professionally with the hospital team, and, if safe, involve Adult Protective Services to clear up facts. If the parent still has capacity, use…
What steps do I take to review the guardian ad litem’s evaluation report in my case? – North Carolina Short Answer In North Carolina adult guardianship cases, the guardian ad litem (GAL) is an attorney for the respondent and typically does not file a separate “evaluation report.” Start by reviewing your guardianship court files with…
What criteria does the court use to decide if I’m competent to make my own medical and personal decisions? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court decides competency by asking whether clear, cogent, and convincing evidence shows you lack sufficient capacity to make or communicate important decisions about your…
What is the process for petitioning the court to end a guardianship? – North Carolina Short Answer In North Carolina, you ask the Clerk of Superior Court to end a guardianship by filing a motion in the existing guardianship case to restore your rights. The ward, the guardian, or any interested person may file. The…
How can I challenge my sibling’s invalid power of attorney and regain control of my parent’s finances? – North Carolina Short Answer In North Carolina, you challenge a questionable power of attorney by filing a verified petition with the Clerk of Superior Court to compel an accounting and have the Clerk determine the agent’s authority.…