What steps are required to modify or terminate a current guardianship? – North Carolina Short Answer In North Carolina, you modify a guardianship by filing a Motion in the Cause with the Clerk of Superior Court asking to change the guardian’s powers or the type of guardianship. To replace the guardian, you seek removal and…
Can I remove my appointed guardian and select someone else to act as guardian? – North Carolina Short Answer Yes. In North Carolina, you can ask the Clerk of Superior Court to remove a current guardian and appoint a different, more suitable guardian. The clerk may remove a guardian for cause and can also modify…
How does emergency guardianship work and when can it be invoked? – North Carolina Short Answer In North Carolina, “emergency guardianship” is called an interim guardianship. The Clerk of Superior Court can appoint an interim guardian before a full incompetency decision if there is reasonable cause to believe the person is incompetent and faces an…
What are the main differences between a guardianship and a power of attorney? – North Carolina Short Answer In North Carolina, a guardianship is a court-ordered transfer of decision-making authority after a finding that an adult is incompetent, while a power of attorney is a private document a competent adult signs to authorize someone to…
Can my adult child revoke a power of attorney if they regain decision-making abilities? – North Carolina Short Answer Yes. In North Carolina, a competent adult (the principal) may revoke a power of attorney at any time. A financial power of attorney ends when the principal revokes it and gives notice to the agent and…
How can I set up a healthcare and financial power of attorney for my adult child? – North Carolina Short Answer In North Carolina, your adult child—not you—must sign both documents while they have capacity to understand what the papers do. A Health Care Power of Attorney (HCPOA) must be signed before two qualified witnesses…
Will a power of attorney let my adult child keep their independence while I help manage medical care and finances? – North Carolina Short Answer Yes. In North Carolina, well-drafted health care and financial powers of attorney are a less restrictive alternative to guardianship and can preserve your adult child’s rights while authorizing you to…
Do I need a court adjudication of incompetence to use a power of attorney? – North Carolina Short Answer No. In North Carolina, you do not need a court adjudication of incompetence to use a valid power of attorney. A financial power of attorney is effective as its document states (often immediately, or upon a…
How can I set up a guardianship for my child with autism and mental health diagnoses? – North Carolina Short Answer In North Carolina, you start an adult guardianship by filing a petition for adjudication of incompetence and for appointment of a guardian with the Clerk of Superior Court in the county where your child…
Are there alternatives to a full guardianship that still let my child vote and make some decisions? – North Carolina Short Answer Yes. North Carolina law favors the “least restrictive alternative” to guardianship. Many families use tools like financial and health care powers of attorney, HIPAA/FERPA releases, supported decision-making, representative payees, ABLE accounts, and small-funds…