What proof do I need to show the court that guardianship is necessary? – North Carolina Short Answer In North Carolina, the court (through the Clerk of Superior Court) generally needs proof that the adult is legally “incompetent” and cannot manage important personal or financial decisions without help. At the incompetency hearing, the petitioner must…
Can I get guardianship over an adult relative who refuses help and won’t agree to sign anything? – North Carolina Short Answer Yes. In North Carolina, an adult relative does not have to agree or sign paperwork for a guardianship to be created. Instead, a petitioner can file an incompetency petition with the Clerk of…
Can my guardian legally stop me from moving to a different place to live? – North Carolina Short Answer In North Carolina, a guardian of the person (or a general guardian) usually has legal authority to decide where the person under guardianship lives, so the guardian can often prevent a move that the guardian believes…
What happens if I didn’t know about the guardianship when it was put in place—can that affect whether it can be changed now? – North Carolina Short Answer Yes. In North Carolina, an adult guardianship case is supposed to include personal service on the respondent and a clear notice of rights before the incompetency hearing.…
What does it take to have an adult declared incompetent so a guardianship can be put in place? – North Carolina Short Answer In North Carolina, an adult can be declared incompetent only through a court process filed with the Clerk of Superior Court, and the decision must be supported by clear, cogent, and convincing…
How do I ask the court to appoint a different guardian if this one isn’t acting in my best interests? – North Carolina Short Answer In North Carolina, a request to replace a guardian is usually made by filing a petition (or written request) with the Clerk of Superior Court in the county where the…
How do I stop a stranger or new acquaintance from becoming the representative payee or controlling my adult child’s disability benefits? – North Carolina Short Answer In North Carolina, the most practical way to reduce the risk of a stranger controlling an adult child’s disability benefits is to (1) move quickly to establish a court-supervised…
Will a memory care facility accept my out-of-state guardianship paperwork, or do I need the new state’s court order first? – North Carolina Short Answer In North Carolina, a memory care facility will often review out-of-state guardianship documents, but many facilities will not treat them as fully usable authority until the guardianship is recognized in…
How do I start the guardianship process if my relative keeps leaving treatment facilities? – North Carolina Short Answer In North Carolina, starting an adult guardianship usually begins by filing a verified petition with the Clerk of Superior Court to have the relative legally adjudicated incompetent. If the situation is urgent because the relative keeps…
What do I need to show the court to get more independence or end the guardianship? – North Carolina Short Answer In North Carolina, the way to end an adult guardianship is usually to file a verified motion with the Clerk of Superior Court asking to be restored to competency and then prove, by a…