What steps and timeline are involved to evict a family member when the property owner cannot appear in person, and can an attorney appear instead? – North Carolina Short Answer In North Carolina, removing a family member from a home usually requires a summary ejectment (eviction) case, even if the person never signed a formal…
If there is already a power of attorney or health care directive, do we still need a guardianship? – North Carolina Short Answer In North Carolina, a valid financial power of attorney and health care directive often remove the need for a guardianship, because the named agents can make decisions without court involvement. However, the…
How long does the process usually take, and what fees or costs should I expect? – North Carolina Short Answer In North Carolina, an adult guardianship case often takes several weeks to a few months from filing to the initial hearing, depending on the county’s schedule, required evaluations, and notice to all interested parties. Costs…
How do I start a guardianship, and what paperwork and evidence will the court need? – North Carolina Short Answer In North Carolina, a guardianship case usually starts by filing a verified petition to have a person adjudicated incompetent with the clerk of superior court in the county where that person lives, followed by an…
Can I request an emergency or temporary guardianship if there are safety or medical concerns? – North Carolina Short Answer Under North Carolina law, an emergency or temporary guardianship is possible when there is an immediate risk to a person’s health, safety, or finances and regular guardianship procedures are too slow. The usual paths are…
Do we have to file for guardianship if capacity is uncertain, and what does that process involve from start to finish? – North Carolina Short Answer In North Carolina, a guardianship case is usually filed only if an adult cannot understand decisions well enough to manage essential personal, housing, or financial matters, and less-restrictive options…
How can I get legal authority to handle a parent’s lease if they don’t fully understand a power of attorney? – North Carolina Short Answer In North Carolina, if a parent cannot understand and sign a power of attorney, the main options to handle a lease are (1) a limited guardianship or (2) a court-ordered…
If a friend already has guardianship, can that guardian sign housing or property paperwork and help us with the lease? – North Carolina Short Answer Under North Carolina law, a guardian can usually sign housing or lease paperwork only if that person has authority over the ward’s property (as a general guardian or guardian of…
What happens if the person has good and bad days with memory or awareness—can a power of attorney still be signed and be valid? – North Carolina Short Answer Under North Carolina law, a power of attorney can be validly signed on a “good day” if, at the time of signing, the person understands in…
Can I manage my sibling’s finances as guardian even if I cannot contribute my own funds, and how is that different from being a representative payee? – North Carolina Short Answer Under North Carolina law, a guardian of the estate manages the ward’s money and property but is not required to spend personal funds on…