What happens if I wasn’t notified about the financial guardianship proceedings? – North Carolina Short Answer In North Carolina, you must be personally served with the guardianship petition and notice of hearing, and you have the right to attend and be heard. If you were not properly notified, you can ask the Clerk of Superior…
How can I challenge or terminate a financial guardianship obtained without my knowledge? – North Carolina Short Answer In North Carolina, you can challenge a recent financial guardianship (guardian of the estate) by appealing the orders within tight deadlines, moving to set aside the adjudication if you were not properly served, asking to modify or…
What is the process for filing a motion to restore my financial competency before a year has passed? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to restore your financial competency (end a guardianship of the estate). If it has been less than one year since the…
How long must I wait before the court will consider dissolving my financial guardianship? – North Carolina Short Answer Under North Carolina law, there is no minimum waiting period to ask the court to end (“dissolve”) or modify a financial guardianship. You may file a motion at any time after appointment. The Clerk of Superior…
What evidence do I need to show I can manage my own finances and have the guardian removed? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to restore your financial rights or modify/remove a financial guardian if you show current, objective proof that you can responsibly manage…
How can I challenge and remove a financial guardian appointed by a relative? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to remove a guardian of the estate if you prove grounds such as mismanagement, breach of duty, or unsuitability. You file an estate proceeding in the…
Can I voluntarily dismiss my guardianship case without prejudice and refile it later? – North Carolina Short Answer Yes. In North Carolina, a petitioner may voluntarily dismiss a pending guardianship special proceeding without prejudice before any evidence is taken. A dismissal without prejudice closes the file but does not decide the merits, so you may…
How can I make urgent medical decisions for my hospitalized spouse while the guardianship case is on hold? – North Carolina Short Answer In North Carolina, urgent medical decisions are first made by any valid health care agent named in a health care power of attorney. If there is no agent or guardian, the law…
What steps are required to reinstate a dismissed guardianship petition for my spouse? – North Carolina Short Answer In North Carolina, if you voluntarily dismissed your guardianship petition without prejudice, you generally cannot “reinstate” the old file—you refile a new petition and complete service and notice again. If the dismissal was with prejudice, reopening is…
How does the guardianship process work for a spouse who is unconscious and on life support? – North Carolina Short Answer In North Carolina, an adult guardianship case is filed as a special proceeding before the Clerk of Superior Court to determine if your spouse is legally incompetent and to appoint a guardian. Because a…