What can I do if I have financial power of attorney but no medical authority and care facilities require medical consent or records? – North Carolina Short Answer In North Carolina, a financial power of attorney usually does not give authority to sign medical consents or demand medical records. If the parent still has capacity,…
Do I need to file for a limited guardianship so my sibling can register my child for school and make medical decisions? – North Carolina Short Answer Not always. In North Carolina, a parent can often give a trusted adult (including a sibling) authority to consent to a child’s medical care without going to court…
Can I submit a copy of my filed tax return, or do I need the full return with all schedules for the Medicaid request? – North Carolina Short Answer In North Carolina, a Medicaid request for the “most recent tax return” usually means the complete filed return, including the signature page and any schedules and…
Does it change my rights or ability to help if the person comes to live with me in a different state for part of the year? – North Carolina Short Answer Sometimes. If the situation involves a North Carolina guardianship case, the person living in another state part of the year can affect which state’s…
What are my responsibilities and limits once I’m appointed as my parent’s guardian? – North Carolina Short Answer In North Carolina, a guardian must follow the clerk of superior court’s appointment order and act in the ward’s best interests within the powers granted. Responsibilities usually fall into two buckets: care decisions (guardian of the person)…
Can I handle a guardianship case mostly by phone or remotely if I’m out of state? – North Carolina Short Answer Sometimes, but not always. In North Carolina, adult guardianship cases are handled through the Clerk of Superior Court in the county where the case is properly filed, and the clerk controls whether hearings and…
What documents do I need to provide for a Medicaid undue-hardship request if they’re asking for my most recent tax return? – North Carolina Short Answer In North Carolina, when a county Department of Social Services (DSS) requests the most recent tax return for a Medicaid undue-hardship request, it typically needs the complete return (all…
What happens if I can’t submit the requested tax return right away for the Medicaid review? – North Carolina Short Answer In North Carolina, if a county Department of Social Services (DSS) requests a tax return during a Medicaid review and it is not provided on time, DSS can move forward using the information it…
If we are both power of attorney agents, can I move the person’s bank accounts to a different financial institution for better oversight? – North Carolina Short Answer Sometimes, but not automatically. In North Carolina, whether one co-agent can move a principal’s bank accounts to a different financial institution depends on how the power of…
How do I start the process to get guardianship of my parent when I live in a different state than they do? – North Carolina Short Answer In North Carolina, an adult guardianship usually starts in the county where the parent lives, by filing a verified petition asking the Clerk of Superior Court to decide…
