How can we challenge a durable power of attorney if the person signing it had dementia symptoms or was hallucinating at the time? – North Carolina Short Answer In North Carolina, a durable power of attorney can be challenged if the person who signed it (the “principal”) did not have the mental capacity to understand…
How do I get general guardianship for a relative with severe dementia who can’t manage medical or financial decisions? – North Carolina Short Answer In North Carolina, “general guardianship” (guardian of the person and the estate) usually requires two court steps in front of the Clerk of Superior Court: (1) an incompetency case where the…
Can a power of attorney be revoked or challenged if the agent is taking money for themselves? – North Carolina Short Answer Yes. In North Carolina, a power of attorney can often be revoked by the principal (the person who signed it) if the principal still has capacity. If the agent is taking money for…
Can someone using a power of attorney legally push for divorce mediation on behalf of a spouse who was declared incompetent? – North Carolina Short Answer In North Carolina, an agent acting under a durable power of attorney can generally participate in (and push for) mediation on behalf of an incompetent spouse in many Chapter…
Can I become guardian if my relative is in a nursing facility and I’m not currently in charge of their bank accounts? – North Carolina Short Answer Yes. In North Carolina, a family member can still be appointed as guardian even if someone else currently handles the relative’s bank accounts or no one formally does.…
What happens if my adult child is living in another state—do I have to file for guardianship where they currently live? – North Carolina Short Answer Often, yes. Under North Carolina’s jurisdiction rules for adult guardianship, the starting point is usually the adult’s “home state,” which is commonly the state where the adult has been…
Do I need a new mental health evaluation or recent medical records to prove my adult child needs a guardian? – North Carolina Short Answer Not always. In North Carolina, the clerk of superior court can decide an adult incompetency/guardianship case based on the evidence presented, and the clerk can also order a current multidisciplinary…
How do I change an adult guardianship so I can be involved in my relative’s medical decisions and care? – North Carolina Short Answer In North Carolina, changing an adult guardianship usually happens by filing a “motion in the cause” in the existing guardianship file with the Clerk of Superior Court in the county where…
How do I start the guardianship process for a family member who can’t make decisions safely? – North Carolina Short Answer In North Carolina, starting an adult guardianship usually begins by filing a verified petition asking the Clerk of Superior Court to decide whether the person is legally “incompetent.” If the clerk adjudicates incompetence, the…
What evidence does the court usually want to see to approve a change in guardian or expand a family member’s access? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court usually wants practical, reliable proof that the requested change (a new guardian of the person or expanded access like medical updates…
