Category Archives: Guardianship Q&A Series

What steps do we take to challenge the guardianship appointment that occurred without notice or representation?: Clear steps under North Carolina law

What steps do we take to challenge the guardianship appointment that occurred without notice or representation? – North Carolina Short Answer In North Carolina, you challenge a guardianship entered without notice or counsel by promptly filing in the existing guardianship case before the Clerk of Superior Court: (1) a motion to set aside the adjudication…

How do we secure VA aid and attendance or in-home care without losing control over their assets?: practical steps in North Carolina

How do we secure VA aid and attendance or in-home care without losing control over their assets? – North Carolina Short Answer In North Carolina, you can seek to restore or modify a guardianship so the capable spouse regains decision-making or a limited guardian is appointed. You can also ask the Clerk of Superior Court…

What is the difference between guardianship and a durable power of attorney for managing my mother’s finances?: North Carolina

What is the difference between guardianship and a durable power of attorney for managing my mother’s finances? – North Carolina Short Answer In North Carolina, a durable power of attorney (DPOA) is a private document an adult signs while they still have capacity, giving an agent authority to manage finances. Guardianship is a court process…

How can I establish a guardianship for a parent who lost capacity after a stroke?: North Carolina guidance

How can I establish a guardianship for a parent who lost capacity after a stroke? – North Carolina Short Answer In North Carolina, you start by filing a verified petition with the Clerk of Superior Court to determine your parent’s incompetence and to appoint a guardian. The court must see clear, cogent, and convincing evidence…

What steps are involved in transferring existing guardianship from the current guardian to me?: Answered for North Carolina

What steps are involved in transferring existing guardianship from the current guardian to me? – North Carolina Short Answer In North Carolina, you take over an existing guardianship by asking the Clerk of Superior Court to replace the current guardian and appoint you as the successor. This can happen by the current guardian’s resignation or…

What documents are required to file a guardianship petition?: Clear steps and forms for North Carolina

What documents are required to file a guardianship petition? – North Carolina Short Answer In North Carolina, you start an adult guardianship case by filing a verified Petition for Adjudication of Incompetence and Application for Appointment of Guardian (AOC-SP-200) with the Clerk of Superior Court in the respondent’s county. The clerk issues a Notice of…

Who is eligible to serve as a guardian?: North Carolina

Who is eligible to serve as a guardian? – North Carolina Short Answer In North Carolina, any competent adult the Clerk of Superior Court finds “most suitable” may serve as guardian of the person, guardian of the estate, or general guardian. Nonresidents may serve if they appoint a North Carolina resident process agent and meet…

How do I ensure court documents are properly received and forwarded from another county?: Answered under North Carolina guardianship law

How do I ensure court documents are properly received and forwarded from another county? – North Carolina Short Answer In North Carolina guardianships, if the Clerk of Superior Court requires a resident process agent, you should designate a reliable local adult to accept service for the case and promptly forward all court papers to you.…

How can I appoint a local resident process agent in another state to handle guardianship court papers?

How can I appoint a local resident process agent in another state to handle guardianship court papers? – North Carolina Short Answer In North Carolina, a guardian who lives outside the state must appoint a North Carolina resident as a process agent to accept guardianship court papers. You do this by filing the Appointment of…

What responsibilities does a resident process agent have in a guardianship proceeding?: Clear duties for out-of-state guardians in North Carolina

What responsibilities does a resident process agent have in a guardianship proceeding? – North Carolina Short Answer In North Carolina, a resident process agent is a North Carolina resident appointed by a nonresident guardian to accept legal papers and official notices for the guardianship. The agent’s job is to promptly receive, date, and forward everything…