How do I make sure my relative’s inheritance is used for their care and not for someone else’s benefit? – North Carolina Short Answer In North Carolina, the most reliable way to ensure an incapacitated adult’s inheritance is used for their care is to have the money controlled by a fiduciary who must answer to…
Why would I need a bond for a guardianship, and how does that affect when I can access the account? – North Carolina Short Answer In North Carolina, a bond is usually required when someone is appointed as a general guardian or a guardian of the estate because that role involves handling the ward’s money…
What paperwork and medical records do we need to prove incapacity for an adult guardianship case? – North Carolina Short Answer In North Carolina, an adult guardianship case usually starts with a petition asking the Clerk of Superior Court to decide whether the adult is legally “incompetent” and needs a guardian. To prove incapacity, the…
Do I still need guardianship if there are old healthcare or short-term power of attorney documents? – North Carolina Short Answer Sometimes, yes. In North Carolina, older health care powers of attorney or short-term/limited powers of attorney can reduce the need for guardianship, but only if the documents are valid, still in effect, and the…
What is the difference between being appointed to make personal decisions and being authorized to manage money and property? – North Carolina Short Answer In North Carolina guardianship, being appointed to make personal decisions usually means serving as a guardian of the person, with authority over care, living arrangements, and medical consents. Being authorized to…
Can I be the only guardian, or can two parents serve as co-guardians without creating problems? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court can appoint one guardian or appoint more than one guardian, depending on what best fits the adult’s needs and what will work in practice. Two parents…
Can guardianship help prevent my adult child from leaving inpatient treatment early when they keep trying to discharge themselves? – North Carolina Short Answer Sometimes, but not always. In North Carolina, a court-appointed guardian of the person can usually make medical and placement decisions for an incapacitated adult, which can reduce “self-discharge” problems for voluntary…
What happens to a durable power of attorney when the person dies, and who takes over decision-making afterward? – North Carolina Short Answer In North Carolina, a durable power of attorney generally stops working when the person who signed it dies. After death, decision-making shifts to the person legally appointed to handle the estate (the…
How does an inheritance coming into my relative’s name affect guardianship of the estate and any required bond? – North Carolina Short Answer In North Carolina, an inheritance that becomes the ward’s property usually increases the size and responsibilities of the guardianship estate. That often means the Clerk of Superior Court will require a bond…
How can a spouse protect access to shared bank accounts and marital assets if the other spouse’s agent controls the finances? – North Carolina Short Answer In North Carolina, a spouse can protect access to shared accounts and marital assets by moving quickly to (1) confirm what authority the agent actually has under the power…
