What are my options for arranging safe housing or care for my mother if she lacks capacity to decide? – North Carolina Short Answer In North Carolina, the main legal pathway is a guardianship case before the Clerk of Superior Court. You can ask for a guardian of the person (to decide housing and care)…
How can I obtain guardianship of my adult child with disabilities in North Carolina? – North Carolina Short Answer In North Carolina, you request adult guardianship by filing a verified petition asking the Clerk of Superior Court to (1) adjudicate your adult child incompetent and (2) appoint an appropriate guardian. The court must consider less…
What authority will a guardian have over my adult child’s medical and financial affairs? – North Carolina Short Answer In North Carolina, a guardian’s authority depends on the type of guardianship. A guardian of the person makes medical and personal-care decisions; a guardian of the estate manages money and property; and a general guardian does…
Can I appoint my other child as a co-guardian alongside me? – North Carolina Short Answer Yes. In North Carolina, the Clerk of Superior Court can appoint more than one guardian for an adult, including co-guardians of the person, of the estate, or a general co-guardian. Co-guardianship can provide coverage, but it may slow decisions…
How do I use a power of attorney to access and transfer my parent’s pension and benefits? – North Carolina Short Answer In North Carolina, a properly signed and notarized durable financial power of attorney (POA) lets an agent handle a parent’s money, accounts, and many benefits, but Social Security and certain federal benefits still…
What information should I prepare before meeting with a guardianship attorney? – North Carolina Short Answer In North Carolina, bring a clear picture of the person who may need a guardian (where they live, health and daily living limits), what alternatives you have already tried (like powers of attorney), a snapshot of their finances, a…
How can I get a durable financial power of attorney for my parent with memory issues? – North Carolina Short Answer In North Carolina, only your parent can sign a durable financial power of attorney, and they must still understand what they are signing. The document must be signed and acknowledged before a notary; for…
What are the legal requirements to become a guardian for a parent who may be unable to manage their affairs? – North Carolina Short Answer In North Carolina, you must start a court case before the Clerk of Superior Court to have your parent legally found incompetent and then request appointment as guardian. The court…
What medical records and incident examples do I need to file a guardianship petition in North Carolina? Short Answer In North Carolina, you file a verified petition that states specific facts showing the adult cannot manage affairs or make/communicate important decisions due to a condition like disease or injury. You do not have to attach…
If my parent moves to another county during the process, do I need to refile in the new county? – North Carolina Short Answer No. In North Carolina, you generally do not refile a guardianship case when the parent moves. Venue is set when you file. If the parent relocates, you can ask the Clerk…