How does a durable financial power of attorney work if the person can revoke it whenever they want? – North Carolina Short Answer In North Carolina, a durable financial power of attorney (POA) works because it is a voluntary delegation of authority: the agent can act for the principal only while the POA is in…
What does it take for someone to be considered incapacitated for purposes of a power of attorney or guardianship? – North Carolina Short Answer In North Carolina, “incapacitated” can mean different things depending on whether the issue is a power of attorney or a guardianship. For adult guardianship, the legal question is whether the person…
What legal options do we have to take control of an adult child’s finances when addiction is out of control but we want to avoid guardianship? – North Carolina Short Answer In North Carolina, a family usually cannot “take control” of an adult child’s money without the adult child’s voluntary written authority (like a properly…
If my relative can no longer sign documents, what options do we have to get authority to manage their care and finances? – North Carolina Short Answer In North Carolina, authority usually comes from (1) powers of attorney signed while the person still had capacity, or (2) a court-ordered adult guardianship when the person can…
Do I need guardianship to move a relative with dementia into a memory care facility in a new state? – North Carolina Short Answer Not always. Under North Carolina law, a court guardianship is usually needed only when the person with dementia cannot legally consent and there is no valid decision-maker already in place (such…
What is the difference between emergency guardianship and permanent guardianship, and how long does each last? – North Carolina Short Answer In North Carolina, “emergency guardianship” is usually handled through an interim guardian appointment meant to address an immediate risk before the court finishes the full incompetency case. An interim guardianship is short-term and typically…
How do I transfer or update an existing power of attorney and health care documents when relocating to a different state? – North Carolina Short Answer In North Carolina, many out-of-state health care powers of attorney are recognized if they were properly signed under the other state’s rules or North Carolina’s rules, but hospitals and…
How do I get emergency guardianship for an adult relative who is in the hospital and can’t make decisions? – North Carolina Short Answer In North Carolina, what many people call “emergency guardianship” for an adult is usually handled by asking the Clerk of Superior Court to appoint an interim guardian in an incompetency case.…
What kind of proof do I need from doctors or the hospital to show the person can’t make decisions? – North Carolina Short Answer In North Carolina, the court process for guardianship focuses on whether the adult lacks capacity to manage affairs or make or communicate important decisions. Helpful proof usually includes recent medical records…
How does relocating to a new state affect existing estate planning and long-term care planning documents? – North Carolina Short Answer Relocating to North Carolina usually does not automatically cancel existing estate planning and long-term care planning documents, but it can create real-world problems with acceptance and enforcement. North Carolina law generally recognizes certain out-of-state…
