What is the difference between a medical power of attorney and guardianship, and when is guardianship required? – North Carolina Short Answer In North Carolina, a medical power of attorney (often called a health care power of attorney) is a document a person signs while they still have decision-making capacity to appoint an “agent” to…
How do I oppose a petition to appoint my spouse’s relative as guardian and ask the court to consider me instead? – North Carolina Short Answer In North Carolina, guardianship decisions are made by the Clerk of Superior Court, and a spouse can ask to be appointed instead of another family member by filing a…
Do we have to include other relatives in the guardianship case, and what happens if someone disagrees? – North Carolina Short Answer In North Carolina adult guardianship cases, certain family members usually must receive notice of the proceeding, even if they are not the ones filing. If a relative disagrees, that person can appear and…
If the other parent is delaying, can I start the guardianship case myself and what role does the other parent have in the process? – North Carolina Short Answer Yes. In North Carolina, one parent can start an adult guardianship case without the other parent’s cooperation by filing the guardianship petition with the Clerk of…
Do I need the caregiver’s address and contact information to file for guardianship or another state application? – North Carolina Short Answer Often, yes. In North Carolina, a minor guardianship case requires enough identifying information to allow required notice of the guardianship hearing, and the application also asks for the names and addresses of people…
If the deceased parent’s name is on a house that another relative lives in, does my child have rights to that property and what happens next? – North Carolina Short Answer Possibly. In North Carolina, if a parent dies owning an interest in a house, that interest generally passes to the parent’s heirs (often including…
How can I get a copy of the court’s order and the documents I need to access bank accounts and pay for the group home? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court issues an order appointing a guardian and then issues “letters of appointment” once the guardian has qualified.…
What are the least restrictive alternatives to full guardianship, and will doctors and banks accept those so I can stay involved? – North Carolina Short Answer In North Carolina, the main least restrictive alternatives to full adult guardianship are usually a health care power of attorney (for medical decisions and access), a durable (financial) power…
Can my parents be appointed as co‑guardians for both personal and financial decisions, or would a limited guardianship or power of attorney be a better fit? – North Carolina Short Answer In North Carolina, parents can ask the Clerk of Superior Court to appoint them as guardians so they can make personal (including medical) and…
What responsibilities and personal liability does a guardian take on, including annual accountings and bonding requirements? – North Carolina Short Answer In North Carolina, a guardian takes on a court-supervised fiduciary role. A guardian of the person must make decisions about the adult ward’s care and wellbeing, while a guardian of the estate (or general…