Category Archives: Guardianship Q&A Series

What happens if I have medical letters and witnesses showing no neglect, but that evidence wasn’t presented at the guardianship hearing? NC

What happens if I have medical letters and witnesses showing no neglect, but that evidence wasn’t presented at the guardianship hearing? – North Carolina Short Answer In North Carolina, medical letters and witness testimony that were not presented at the incompetency/guardianship hearing usually do not automatically undo the clerk’s decision. Instead, the typical path is…

What bond do I need, how is the bond amount set, and what happens if I’m accused of mishandling funds? NC

What bond do I need, how is the bond amount set, and what happens if I’m accused of mishandling funds? – North Carolina Short Answer In North Carolina, a general guardian or guardian of the estate usually must post a bond before receiving or controlling the ward’s money or property, and the Clerk of Superior…

How do I file for emergency guardianship for my adult child who is mentally incompetent? NC

How do I file for emergency guardianship for my adult child who is mentally incompetent? – North Carolina Short Answer In North Carolina, emergency guardianship is handled through the clerk of superior court and usually starts with (1) a verified incompetency petition and (2) an application to be appointed guardian. The clerk can move quickly…

How can I challenge a finding that my parent is incompetent if the case moved quickly and I didn’t understand what was happening? NC

How can I challenge a finding that my parent is incompetent if the case moved quickly and I didn’t understand what was happening? – North Carolina Short Answer In North Carolina, an incompetency finding is usually entered by the Clerk of Superior Court, and it can be challenged by filing an appeal to Superior Court…

Can Adult Protective Services remove my spouse from our home and keep them from returning unless other family members move out? NC

Can Adult Protective Services remove my spouse from our home and keep them from returning unless other family members move out? – North Carolina Short Answer In North Carolina, Adult Protective Services (APS) generally cannot remove a spouse from the home or bar them from returning based only on an APS investigation or a worker’s…

How can I obtain the bond and complete the oath so I can get letters of guardianship to manage bank accounts and bills? – NC

How can I obtain the bond and complete the oath so I can get letters of guardianship to manage bank accounts and bills? – North Carolina Short Answer In North Carolina, the clerk of superior court generally will not issue letters of guardianship that allow control of an incapacitated person’s money until the proposed guardian…

Can I be forced to stay in a nursing home, and how do I get released to return home with a safe plan? NC

Can I be forced to stay in a nursing home, and how do I get released to return home with a safe plan? – North Carolina Short Answer In North Carolina, an adult usually cannot be forced to stay in a residential facility unless a court order or a legal authority (most often a guardian)…

How can I find out if my parent’s will was changed when my siblings refuse to share any documents? NC

How can I find out if my parent’s will was changed when my siblings refuse to share any documents? – North Carolina Short Answer In North Carolina, a parent’s will usually is not available to the public while the parent is living, even if siblings claim it was changed. The most direct way to confirm…

How can my parents obtain adult guardianship for an adult sibling with lifelong disabilities, and what medical evaluations or records should we gather to support the petition? NC

How can my parents obtain adult guardianship for an adult sibling with lifelong disabilities, and what medical evaluations or records should we gather to support the petition? – North Carolina Short Answer In North Carolina, parents typically obtain adult guardianship by filing (1) a petition asking the Clerk of Superior Court to adjudicate the adult…

Can my spouse and I both be appointed as guardians, and what problems come up if we are co-guardians? NC

Can my spouse and I both be appointed as guardians, and what problems come up if we are co-guardians? – North Carolina Short Answer Yes. In North Carolina, the clerk of superior court can appoint more than one person to serve as guardian, including spouses serving together, and can tailor the appointment to the adult…