Can I seek guardianship or another court order to access my parent’s medical and financial information and protect them from undue influence? – North Carolina Short Answer Yes. In North Carolina, when family members block access and there are concerns about capacity or undue influence, a common path is to file an incompetency/guardianship case with…
How can I challenge a social services adult guardianship if the information in their petition is wrong or outdated? – North Carolina Short Answer In North Carolina, an adult guardianship case starts with an incompetency petition filed with the Clerk of Superior Court. If the petition contains wrong or outdated information, the usual way to…
Can I still move forward with a guardianship case if the current caregiver won’t communicate with me? – North Carolina Short Answer Yes. In North Carolina, a guardianship for a minor is started by filing an application with the Clerk of Superior Court in the county where the child lives, and the case can move…
What kind of medical or other proof do we need to show that an adult needs a guardian? – North Carolina Short Answer In North Carolina, the court process starts by asking the clerk of superior court to decide whether the adult is an “incompetent adult,” meaning the person lacks enough capacity to manage personal…
What are my rights to receive rehab or therapy in a facility if I’m not getting it and my health is declining? – North Carolina Short Answer In North Carolina, when a court has appointed a guardian, the guardian of the person has a duty to arrange appropriate care, which can include rehabilitation services, based…
What evidence is helpful to prove undue influence or lack of capacity when contesting a recent power of attorney or other estate planning changes? – North Carolina Short Answer In North Carolina, the most helpful evidence usually shows (1) what the parent’s mental abilities were at the time the power of attorney or other document…
What steps can I take to stop a guardian or social services from selling my paidoff home or taking my belongings? – North Carolina Short Answer In North Carolina, a guardian generally cannot sell a wards real estate just because a guardianship exists. A sale usually requires a separate court special proceeding before the Clerk…
How can I obtain guardianship for my child who is reaching adulthood while still letting them make everyday choices? – North Carolina Short Answer In North Carolina, a parent can seek an adult guardianship through the Clerk of Superior Court after the child turns 18, and the court can tailor the guardianship so the adult…
How do I start a guardianship case for an adult who can’t manage personal or financial decisions? – North Carolina Short Answer In North Carolina, an adult guardianship usually starts by filing a verified petition asking the Clerk of Superior Court to determine that the adult is legally “incompetent” and, if so, to appoint a…
Can I use a power of attorney instead of expanding to guardianship over the estate, or do I still need the bond? – North Carolina Short Answer In North Carolina, a power of attorney usually does not replace the need for a court-appointed guardian of the estate once a person has been found incapacitated and…