What information should I prepare before meeting with a guardianship attorney? – North Carolina Short Answer In North Carolina, bring a clear picture of the person who may need a guardian (where they live, health and daily living limits), what alternatives you have already tried (like powers of attorney), a snapshot of their finances, a…
How can I get a durable financial power of attorney for my parent with memory issues? – North Carolina Short Answer In North Carolina, only your parent can sign a durable financial power of attorney, and they must still understand what they are signing. The document must be signed and acknowledged before a notary; for…
What are the legal requirements to become a guardian for a parent who may be unable to manage their affairs? – North Carolina Short Answer In North Carolina, you must start a court case before the Clerk of Superior Court to have your parent legally found incompetent and then request appointment as guardian. The court…
What medical records and incident examples do I need to file a guardianship petition in North Carolina? Short Answer In North Carolina, you file a verified petition that states specific facts showing the adult cannot manage affairs or make/communicate important decisions due to a condition like disease or injury. You do not have to attach…
If my parent moves to another county during the process, do I need to refile in the new county? – North Carolina Short Answer No. In North Carolina, you generally do not refile a guardianship case when the parent moves. Venue is set when you file. If the parent relocates, you can ask the Clerk…
Can I use a power of attorney instead of guardianship if my parent already shows signs of dementia? – North Carolina Short Answer In North Carolina, a valid power of attorney signed while your parent still had capacity can often avoid the need for guardianship. But you cannot create a new power of attorney after…
How long does the guardianship process usually take and what factors affect the timeline? – North Carolina Short Answer In North Carolina, a routine, uncontested adult guardianship often takes about 4–8 weeks from filing to receiving Letters of Guardianship, largely driven by personal service of papers and the court’s hearing calendar. If urgent protection is…
How can I establish guardianship for a parent diagnosed with early-onset dementia? – North Carolina Short Answer In North Carolina, you start by filing a petition with the Clerk of Superior Court asking the court to find your parent incompetent and to appoint a guardian. You must prove, with clear, cogent, and convincing evidence, that…
What legal steps are needed to appoint me as guardian instead of my sibling? – North Carolina Short Answer In North Carolina, you cannot simply “take over” a guardianship. You must either (1) bring the case to North Carolina and ask the Clerk of Superior Court to replace the current guardian, or (2) start a…
How do I challenge a guardian’s decisions when they restrict local benefits and services? – North Carolina Short Answer In North Carolina, you challenge a guardian’s decisions by filing a motion or petition with the Clerk of Superior Court to review the guardianship, seek modification to a less restrictive arrangement, request removal and replacement of…