How do I stop my sibling from redirecting my parent’s Social Security benefits to a new account? – North Carolina Short Answer In North Carolina, a power of attorney does not control Social Security payments; only the Social Security Administration (SSA) and a representative payee do. Act on two tracks: immediately alert SSA to suspected…
What steps do I need to take to remove someone as agent and become my parent’s court-appointed guardian? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to (1) review and, if appropriate, suspend or remove the current agent under a power of attorney, and (2) appoint you…
What alternatives exist to continue advocating for my adult child without full guardianship? – North Carolina Short Answer North Carolina law encourages the least restrictive option. If your 18-year-old can understand and sign documents, start with voluntary tools: a durable power of attorney, a health care power of attorney, HIPAA releases, and advance directives. You…
Can I obtain limited guardianship for medical or educational decisions instead of full guardianship? – North Carolina Short Answer Yes. North Carolina allows a limited guardianship that grants only the powers the adult truly needs, such as health care and education-related decision-making, while leaving other rights with the adult. The Clerk of Superior Court must…
How can I petition the court to be appointed guardian for my aunt in North Carolina when I live out of state? – North Carolina Short Answer In North Carolina, you can petition the Clerk of Superior Court in the county where your aunt lives or is present to be appointed as her guardian, even…
What role does the court-appointed guardian ad litem play in the guardianship process? – North Carolina Short Answer In North Carolina adult guardianships, the court appoints an attorney as guardian ad litem (GAL) to represent the respondent (the adult alleged to be incompetent) unless the respondent hires their own lawyer. The GAL must meet the…
What legal remedies exist when a guardian is appointed based on housing discrimination? – North Carolina Short Answer In North Carolina, no one can be placed under guardianship without a filed petition, notice, and an adjudication of incompetence after a hearing (or a short, emergency interim order with strict limits). If a facility was appointed…
How do I arrange the required bond to serve as guardian for my aunt? – North Carolina Short Answer In North Carolina, a bond is required before a guardian of the estate or a general guardian can receive or manage the ward’s money or property. If you live out of state, you must also appoint…
What process do I follow to restore my rights as my adult child’s guardian? – North Carolina Short Answer In North Carolina, you have two possible paths. If there was no lawful incompetency adjudication, ask the Clerk of Superior Court to void and terminate the guardianship and revoke the facility’s letters. If there was a…
How do I prove in court that the state-appointed guardian isn’t acting in my best interests? – North Carolina Short Answer In North Carolina, you ask the Clerk of Superior Court to modify, suspend, or remove the guardian by filing a motion or verified petition in the existing guardianship case. You must present specific, credible…