Category Archives: Guardianship Q&A Series

Can I use the protected person’s money to pay for personal needs and moving-related costs like groceries, clothing, storage, and transporting vehicles, and what records should I keep for the annual accounting? nc

Can I use the protected person’s money to pay for personal needs and moving-related costs like groceries, clothing, storage, and transporting vehicles, and what records should I keep for the annual accounting? – North Carolina Short Answer In North Carolina, a guardian of the estate can generally use the ward’s money to pay the ward’s…

How can I get a power of attorney if my spouse is in the ICU and heavily sedated? nc

How can I get a power of attorney if my spouse is in the ICU and heavily sedated? – North Carolina Short Answer In North Carolina, a power of attorney must be signed by the person giving the authority (the “principal”) while that person has enough mental capacity to understand what is being signed. If…

Do I need a power of attorney or advance directive if I’m pursuing guardianship instead? nc

Do I need a power of attorney or advance directive if I’m pursuing guardianship instead? – North Carolina Short Answer In North Carolina, a power of attorney or advance directive is not required to pursue adult guardianship. Guardianship is a court process through the Clerk of Superior Court that can give a guardian legal authority…

What is the difference between guardianship and a power of attorney, and which one do I need? nc

What is the difference between guardianship and a power of attorney, and which one do I need? – North Carolina Short Answer In North Carolina, a power of attorney is a private document where a competent adult gives someone authority to act for them, usually without court involvement. Guardianship is a court process where the…

What can I do if a family member accessed a parent’s life insurance account and changed beneficiaries without proper permission? nc

What can I do if a family member accessed a parent’s life insurance account and changed beneficiaries without proper permission? – North Carolina Short Answer In North Carolina, the main options are to (1) immediately notify the life insurance company in writing and ask it to flag the policy for suspected unauthorized activity, and (2)…

Do we need full guardianship, or can we ask for a more limited guardianship that only covers medical decisions or certain areas? NC

Do we need full guardianship, or can we ask for a more limited guardianship that only covers medical decisions or certain areas? – North Carolina Short Answer In North Carolina, full guardianship is not always required. A petition can ask the Clerk of Superior Court to appoint a guardian with powers limited to the areas…

Can I still handle bills and manage our shared property if I’m already listed on the bank accounts but don’t have a power of attorney? nc

Can I still handle bills and manage our shared property if I’m already listed on the bank accounts but don’t have a power of attorney? – North Carolina Short Answer In North Carolina, being listed as a joint owner on a bank account often allows withdrawals and bill payments from that specific account even without…

What happens to my inheritance if my relative’s care costs increase or the estate requires ongoing payments for my relative? nc

What happens to my inheritance if my relative’s care costs increase or the estate requires ongoing payments for my relative? – North Carolina Short Answer In North Carolina, an expected inheritance is not protected just because a family member hopes to receive it later. If an adult relative has been found incompetent and a guardian…

If my spouse is declared incompetent, how does the court decide who becomes the guardian when other relatives are trying to take over? nc

If my spouse is declared incompetent, how does the court decide who becomes the guardian when other relatives are trying to take over? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court appoints a guardian based on the ward’s best interest, even when family members disagree. The clerk considers any valid…

What kind of examples or documentation do I need to show the court that my relative is no longer competent? nc

What kind of examples or documentation do I need to show the court that my relative is no longer competent? – North Carolina Short Answer In North Carolina, the court (through the Clerk of Superior Court) decides incompetency based on evidence that the adult lacks enough capacity to manage personal affairs or property, or to…