Do I need to notify or get consent from other siblings before the court will appoint me, and what if someone objects? – North Carolina Short Answer In North Carolina adult guardianship cases, a sibling does not have to obtain written consent from other siblings to be appointed guardian, but the law does require formal…
How can I be appointed guardian of both the person and the estate for my adult sibling who is in a care facility with mental health issues? – North Carolina Short Answer In North Carolina, a sibling can ask the clerk of superior court to be appointed guardian of the person and of the estate…
What records or statements do I need from doctors, the facility, and social workers to support a new guardianship filing? – North Carolina Short Answer For a new adult guardianship case in North Carolina, the clerk of superior court will expect clear, recent evidence of the respondent’s mental health needs, functioning, and finances. Strong support…
What happens if there was a prior guardianship in another county with a different sibling as guardian—do we transfer that case or start a new one where my sibling lives now? – North Carolina Short Answer Under North Carolina law, an existing adult guardianship normally stays with the original county and can be transferred to…
Can I be allowed to take my relative out of a care facility for short outings if I’m not the current guardian? – North Carolina Short Answer Under North Carolina law, a non-guardian family member generally cannot demand authority to take an adult in a care facility off-site, because the guardian of the person controls…
How can I change an existing adult guardianship so a family member, not the county, is appointed guardian or co‑guardian? – North Carolina Short Answer Under North Carolina law, an interested person can ask the clerk of superior court in the county where the guardianship is filed to change the current guardian from the county…
How do I get access to my relative’s medical records and regular updates when a county guardian controls decisions? – North Carolina Short Answer In North Carolina, when a county guardian (usually a disinterested public agent) is guardian of the person, that guardian controls medical decisions and access to confidential records unless the court orders…
If I become guardian, will I be personally responsible for paying the facility or medical costs, and what duties would I take on? – North Carolina Short Answer Under North Carolina law, a guardian is generally not personally responsible for a ward’s facility bills or medical costs; those are paid from the ward’s own income,…
What proof helps show the court that I’m involved and suitable for guardianship without moving my relative out of the facility? – North Carolina Short Answer In North Carolina, the clerk of superior court looks for practical, real-world proof that a proposed or additional guardian is actively involved and can act in the ward’s best…
What ongoing duties, reports, and accountings will I have after I’m appointed? – North Carolina Short Answer Under North Carolina law, a guardian’s ongoing duties include day-to-day care or financial management for the ward, regular reporting to the Clerk of Superior Court, and periodic accountings of money and property. Guardians of the person usually must…