What happens if the court requires a bond but I can’t find out my parent’s account balances to set the bond amount? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court sets the bond amount for a guardian of the estate (or a general guardian) based on the value the clerk…
What kind of proof does the court usually need to show my adult child can’t manage daily living or make safe decisions? – North Carolina Short Answer In North Carolina, the clerk of superior court usually looks for current, practical evidence that an adult lacks the capacity to manage personal affairs or to make or…
How do we get general guardianship for an adult child with autism who cannot communicate or answer questions? – North Carolina Short Answer In North Carolina, “general guardianship” for an adult usually requires two court steps: (1) a Clerk of Superior Court proceeding to have the adult adjudicated incompetent, and (2) an appointment of a…
What documents do I need to show the new court that I was already appointed conservator in the prior state? – North Carolina Short Answer In North Carolina, the “new court” usually wants certified copies of the prior state’s appointment paperwork—most importantly the order appointing the conservator/guardian and the current letters of office (sometimes called…
Can a special needs trust pay for a private room in a care facility without affecting benefits? – North Carolina Short Answer Sometimes, but it depends on what benefit programs are involved and how the care facility bills the private-room cost. Under common SSI and Medicaid rules that apply in North Carolina, a special needs…
What happens if SSI benefits were stopped because the beneficiary had too much money saved in a bank account? – North Carolina Short Answer In North Carolina, if SSI stops because the beneficiary’s bank balance went over the SSI resource limit, Social Security will usually suspend benefits starting with the first month the person was…
Do I need to get a guardianship bond in the new state even if the original state didn’t require one? – North Carolina Short Answer Often, yes. When an out-of-state guardianship is brought into North Carolina, the Clerk of Superior Court can require a bond under North Carolina’s rules—especially if the guardianship involves managing money…
What can we do if disability benefits were stopped and the agency refuses to discuss the case unless the adult child appears in person? – North Carolina Short Answer In North Carolina, when an adult child cannot communicate or manage benefits, the practical fix is usually to get legal authority so a parent (or another…
Can a non-family caregiver legally control all finances under a durable power of attorney, and what limits apply? – North Carolina Short Answer Yes. In North Carolina, an elderly person can name a non-family caregiver as the agent under a durable power of attorney (DPOA), and that agent can control finances to the extent the…
Now that I have guardianship, what are my responsibilities for managing my relative’s money and benefits? – North Carolina Short Answer In North Carolina, managing an adult ward’s money and benefits usually falls on the guardian of the estate (or a general guardian). The core responsibilities are to take control of the ward’s assets, use…
