What are the main differences between a guardianship and a power of attorney? – North Carolina Short Answer In North Carolina, a guardianship is a court-ordered transfer of decision-making authority after a finding that an adult is incompetent, while a power of attorney is a private document a competent adult signs to authorize someone to…
Can my adult child revoke a power of attorney if they regain decision-making abilities? – North Carolina Short Answer Yes. In North Carolina, a competent adult (the principal) may revoke a power of attorney at any time. A financial power of attorney ends when the principal revokes it and gives notice to the agent and…
How can I set up a healthcare and financial power of attorney for my adult child? – North Carolina Short Answer In North Carolina, your adult child—not you—must sign both documents while they have capacity to understand what the papers do. A Health Care Power of Attorney (HCPOA) must be signed before two qualified witnesses…
Will a power of attorney let my adult child keep their independence while I help manage medical care and finances? – North Carolina Short Answer Yes. In North Carolina, well-drafted health care and financial powers of attorney are a less restrictive alternative to guardianship and can preserve your adult child’s rights while authorizing you to…
Do I need a court adjudication of incompetence to use a power of attorney? – North Carolina Short Answer No. In North Carolina, you do not need a court adjudication of incompetence to use a valid power of attorney. A financial power of attorney is effective as its document states (often immediately, or upon a…
How can I set up a guardianship for my child with autism and mental health diagnoses? – North Carolina Short Answer In North Carolina, you start an adult guardianship by filing a petition for adjudication of incompetence and for appointment of a guardian with the Clerk of Superior Court in the county where your child…
Are there alternatives to a full guardianship that still let my child vote and make some decisions? – North Carolina Short Answer Yes. North Carolina law favors the “least restrictive alternative” to guardianship. Many families use tools like financial and health care powers of attorney, HIPAA/FERPA releases, supported decision-making, representative payees, ABLE accounts, and small-funds…
How can I ensure I can still attend medical or school appointments after my child turns eighteen? – North Carolina Short Answer In North Carolina, the simplest way is to have your 18-year-old sign consent-based documents that let you participate: a Health Care Power of Attorney, HIPAA authorizations with each provider, and FERPA releases with…
Can I help my child manage finances and health care decisions without losing their rights? – North Carolina Short Answer Yes. In North Carolina, you can often support an 18-year-old through less restrictive tools like financial and health care powers of attorney, HIPAA releases, and tailored access arrangements. If court help is needed, a limited…
What is the process for getting a limited or supported decision-making order in North Carolina? Short Answer In North Carolina, the court can issue a limited guardianship order through a Chapter 35A guardianship case when clear, cogent, and convincing evidence shows an adult needs help but can still make some decisions. The court must tailor…