How do I get general guardianship over my minor child so I can handle both personal and financial decisions? – North Carolina Short Answer In North Carolina, a “general guardian” for a minor is a court-appointed role that combines authority over the child’s personal decisions (guardian of the person) and the child’s money/property (guardian of…
While the transfer is pending, can I still make medical and financial decisions for my ward in the new state? – North Carolina Short Answer Usually, the guardian’s authority continues under the original court’s order until the original court enters a final order confirming the transfer and terminating the North Carolina case. But the “new…
Do I need to show the court how I spend my adult child’s disability benefits when I’m applying for guardianship? – North Carolina Short Answer Usually, no. In North Carolina, the guardianship appointment hearing focuses on whether the adult needs a guardian and, if so, what type of guardian is required—not on a detailed audit…
What happens if the other parent gets notice of the guardianship case but doesn’t respond? – North Carolina Short Answer In a North Carolina adult guardianship case, a parent who receives proper notice can choose not to participate, and the case can still move forward. The clerk of superior court generally will not “default” a…
How do I get guardianship of my adult child who can’t manage daily life skills or money safely? – North Carolina Short Answer In North Carolina, guardianship for an adult usually starts by filing an incompetency/guardianship petition with the Clerk of Superior Court in the county where the adult lives. The clerk decides whether the…
Can I still become (or stay) the representative payee for disability benefits if I’m also filing for guardianship? – North Carolina Short Answer Yes. In North Carolina, filing for guardianship does not automatically prevent someone from becoming or staying a representative payee for disability-related benefits. The key is that the payee decision is usually made…
What medical letters or records do I need to prove my adult child isn’t able to make medical and financial decisions? – North Carolina Short Answer In North Carolina, a guardianship case is proven with evidence that an adult lacks enough capacity to manage personal affairs (medical decisions) and/or property (money) or to communicate important…
What are my rights to get information and raise concerns about medication changes and medical decisions while my parent is under a court-appointed guardian? – North Carolina Short Answer In North Carolina, once a parent is adjudicated incompetent and a court-appointed guardian of the person (or general guardian) is in place, that guardian generally has…
What notices and paperwork must be served on my child, and are there options to protect their privacy during the process? – North Carolina Short Answer In a North Carolina guardianship case, the court generally requires formal service of the guardianship application and written notice of the hearing on the people the statute lists, and…
Once guardianship is granted, what ongoing duties, reporting, and accounting are required, and to what extent can guardians make medical decisions and manage finances? – North Carolina Short Answer In North Carolina, once a guardian is appointed, the guardian must follow the clerk of superior court’s orders and keep the ward’s personal care and finances…
