What evidence do I need to show I can manage my own finances and have the guardian removed? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to restore your financial rights or modify/remove a financial guardian if you show current, objective proof that you can responsibly manage…
How can I challenge and remove a financial guardian appointed by a relative? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to remove a guardian of the estate if you prove grounds such as mismanagement, breach of duty, or unsuitability. You file an estate proceeding in the…
Can I voluntarily dismiss my guardianship case without prejudice and refile it later? – North Carolina Short Answer Yes. In North Carolina, a petitioner may voluntarily dismiss a pending guardianship special proceeding without prejudice before any evidence is taken. A dismissal without prejudice closes the file but does not decide the merits, so you may…
How can I make urgent medical decisions for my hospitalized spouse while the guardianship case is on hold? – North Carolina Short Answer In North Carolina, urgent medical decisions are first made by any valid health care agent named in a health care power of attorney. If there is no agent or guardian, the law…
What steps are required to reinstate a dismissed guardianship petition for my spouse? – North Carolina Short Answer In North Carolina, if you voluntarily dismissed your guardianship petition without prejudice, you generally cannot “reinstate” the old file—you refile a new petition and complete service and notice again. If the dismissal was with prejudice, reopening is…
How does the guardianship process work for a spouse who is unconscious and on life support? – North Carolina Short Answer In North Carolina, an adult guardianship case is filed as a special proceeding before the Clerk of Superior Court to determine if your spouse is legally incompetent and to appoint a guardian. Because a…
How can I access my spouse’s retirement account or pay bills without a financial POA? – North Carolina Short Answer In North Carolina, if your spouse is incapacitated and did not sign a financial power of attorney, you generally cannot access their retirement account or manage their money unless the Clerk of Superior Court appoints…
What’s the difference between using a medical power of attorney and filing for guardianship? – North Carolina Short Answer In North Carolina, a medical power of attorney lets your chosen health care agent make medical decisions without going to court. Guardianship requires a court to first find the person incompetent and then appoint a guardian…
What happens if the court appoints a public or neutral guardian instead of me? – North Carolina Short Answer In North Carolina, if the Clerk of Superior Court appoints a public or neutral guardian instead of you, that guardian takes over the specific decision-making authority granted by the order. A guardian of the estate controls…
Can I revoke or dismiss a guardianship petition I already filed for my spouse? – North Carolina Short Answer Yes—under North Carolina law you can usually withdraw a guardianship petition you filed, but timing matters. If no hearing on an interim guardian has been held, you may typically file a voluntary dismissal. After an interim-guardian…