What can I do if my sibling is stealing money from an older relative while using a power of attorney? – North Carolina Short Answer In North Carolina, suspected power of attorney (POA) abuse is usually addressed by (1) creating a paper trail, (2) reporting suspected financial exploitation to the right agencies, and (3) asking…
How do I find out whether a power of attorney is being misused and what proof is needed? – North Carolina Short Answer In North Carolina, the most practical way to confirm power of attorney misuse is to identify what authority the agent has under the document and then compare that authority to objective records…
What can a spouse do if there is a restraining order and they are being blocked from seeing their spouse in assisted living? – North Carolina Short Answer In North Carolina, a restraining order (often a DVPO) can legally limit or prohibit contact, even if the other person lives in assisted living. At the same…
What kind of evidence helps prove undue influence or lack of capacity when a relative gets power of attorney over an older adult? – North Carolina Short Answer In North Carolina, the most helpful evidence usually falls into two buckets: (1) proof the older adult lacked the mental ability to understand what a power of…
What happens if I can’t find or contact other family members who may need to be notified about the guardianship case? – North Carolina Short Answer In North Carolina, a guardianship case still can move forward even if some family members cannot be found, but the court will require proof of reasonable efforts to locate…
How can we challenge a durable power of attorney if the person signing it had dementia symptoms or was hallucinating at the time? – North Carolina Short Answer In North Carolina, a durable power of attorney can be challenged if the person who signed it (the “principal”) did not have the mental capacity to understand…
How do I get general guardianship for a relative with severe dementia who can’t manage medical or financial decisions? – North Carolina Short Answer In North Carolina, “general guardianship” (guardian of the person and the estate) usually requires two court steps in front of the Clerk of Superior Court: (1) an incompetency case where the…
Can a power of attorney be revoked or challenged if the agent is taking money for themselves? – North Carolina Short Answer Yes. In North Carolina, a power of attorney can often be revoked by the principal (the person who signed it) if the principal still has capacity. If the agent is taking money for…
Can someone using a power of attorney legally push for divorce mediation on behalf of a spouse who was declared incompetent? – North Carolina Short Answer In North Carolina, an agent acting under a durable power of attorney can generally participate in (and push for) mediation on behalf of an incompetent spouse in many Chapter…
Can I become guardian if my relative is in a nursing facility and I’m not currently in charge of their bank accounts? – North Carolina Short Answer Yes. In North Carolina, a family member can still be appointed as guardian even if someone else currently handles the relative’s bank accounts or no one formally does.…
