How do I start the process to become the legal guardian of my disabled child? – North Carolina Short Answer In North Carolina, the process usually starts by filing the correct guardianship paperwork with the Clerk of Superior Court in the child’s county. The court will require notice to certain family members and will decide…
What happens if the person under guardianship has services, benefits, or medical providers that need to change to the new state? – North Carolina Short Answer When an adult under guardianship moves across state lines, services, benefits, and medical care often cannot simply “follow” automatically. Under North Carolina law, the court looks closely at whether…
How can I modify an existing guardianship so I can become the guardian? – North Carolina Short Answer In North Carolina, an existing adult guardianship can usually be changed by filing a “motion in the cause” in the same county where the guardianship is already docketed. The motion asks the Clerk of Superior Court (who…
What paperwork and court steps are required to get guardianship of a minor? – North Carolina Short Answer In North Carolina, a person usually starts a minor guardianship case by filing an application with the Clerk of Superior Court in the county where the minor lives. The application must include specific information about the child,…
Can I get a court order to temporarily stop the agent from financial decisions while the dispute is investigated? – North Carolina Short Answer Yes. In North Carolina, the Clerk of Superior Court can enter a temporary order to protect an older adult’s money and property while an incompetency/guardianship case is pending, including appointing an…
What documents and information will I need to file for guardianship of my child? – North Carolina Short Answer In North Carolina, a minor guardianship filing typically starts with an application to the Clerk of Superior Court that identifies the child, the parents and other interested people, and why a guardian is needed. For a…
How do I challenge a power of attorney if the person who signed it was bedridden or not mentally competent at the time? – North Carolina Short Answer In North Carolina, a power of attorney can be challenged by asking the Clerk of Superior Court to step in—often through an incompetency/guardianship case—when there are serious…
What kind of proof do I need to show the court that my child is being neglected or mistreated in a group home or supported living placement? – North Carolina Short Answer In North Carolina, the most persuasive proof usually combines (1) first-hand observations, (2) records from the placement and medical providers, and (3) reports…
Do I have to keep reporting to the original court while the guardianship transfer is still pending? – North Carolina Short Answer Usually, yes. In North Carolina, the court that appointed the guardian keeps authority over the guardianship until that court enters an order ending its jurisdiction (such as a final transfer/termination order). While the…
Will I have to redo the oath, bond, or appointment process to get new guardianship letters in the new state? – North Carolina Short Answer Usually, no. When a guardianship is transferred to North Carolina, the North Carolina clerk of superior court can recognize the other state’s incapacity finding and appointment and then issue North…
