If the guardian of the estate already sold assets or spent the ward’s money improperly, can the ward be reimbursed through the guardian’s bond or another remedy? – North Carolina Short Answer Yes. In North Carolina, if a guardian of the estate breaches duties and causes a loss, the ward (or someone acting for the…
Can a guardian of the estate sell property if it may not legally belong to the ward, like a vehicle titled to another family member? – North Carolina Short Answer In North Carolina, a guardian of the estate generally has authority to manage and sell only property that is part of the ward’s “estate,” meaning…
How do I petition the court to restore or modify guardianship so I can manage my relative’s finances as well as their care? – North Carolina Short Answer In North Carolina, a request to change who has authority over an incapacitated adult’s personal/medical decisions and finances is usually made by filing a petition (often called…
What kind of medical documentation do I need to file for guardianship? – North Carolina Short Answer In North Carolina, a guardianship for an adult usually starts with an incompetency case filed with the Clerk of Superior Court, and the initial filing typically focuses on facts showing incapacity rather than attaching a specific “required” medical…
How can I protect the proceeds from my parent’s home sale so the money is used for care and not lost to scams? – North Carolina Short Answer In North Carolina, the safest way to protect home-sale proceeds for a medically fragile parent is to keep the money in an account titled only in the…
What ongoing reporting or accounting do guardians have to do with the court each year? – North Carolina Short Answer In North Carolina, a guardian who controls any part of a ward’s money or property generally must file an annual inventory-and-accounting with the Clerk of Superior Court, under oath, showing what came in, what was…
What does it mean for someone to be found legally incompetent, and how is that decided? – North Carolina Short Answer In North Carolina, being found “legally incompetent” means a court has entered an order that an adult lacks enough capacity to manage personal, family, or property decisions, and that less restrictive alternatives are not…
Can guardianship be used to prevent my parent from leaving assisted living or making unsafe choices? – North Carolina Short Answer In North Carolina, a court-ordered adult guardianship can give a guardian of the person legal authority to decide where an incompetent adult lives and to consent to care, which can reduce the risk of…
How is my net worth calculated for a guardianship bond application if I have a mortgage and other debts? – North Carolina Short Answer For a guardianship bond application, “net worth” is generally calculated as total assets minus total liabilities. A mortgage and other debts are usually counted as liabilities, and the home is counted…
How do I ask the court to change an adult guardianship so a family member can become the guardian instead of a public agency? – North Carolina Short Answer In North Carolina, a request to replace a public agency guardian with a family member is usually made by filing a written petition or motion with…
