How can I find out why the guardianship was created and what the court order actually says? – North Carolina Short Answer In North Carolina, the reasons for a guardianship and the guardian’s actual powers are usually spelled out in the clerk of superior court file for the incompetency case and the guardianship appointment case.…
If a public agency is handling finances, can a family member still be appointed to make personal and medical decisions? – North Carolina Short Answer Yes. In North Carolina, the Clerk of Superior Court can appoint different guardians for different roles, including a guardian of the estate (finances) and a guardian of the person (personal…
Can I move my adult child to a safer facility in my state if I have guardianship from another state, or do I need a new case there first? – North Carolina Short Answer In North Carolina, an out-of-state adult guardianship often can be recognized without starting a brand-new incompetency case, but the safest path…
What powers would a guardian have over medical decisions and financial decisions for an adult who can’t manage their own care? – North Carolina Short Answer In North Carolina, a court-appointed guardian’s powers depend on the type of guardianship the Clerk of Superior Court orders: a guardian of the person generally handles medical and personal-care…
Are there any options to require inpatient treatment if an adult is not safe but keeps checking themself out? – North Carolina Short Answer Yes. In North Carolina, an adult who voluntarily admits themself to a 24-hour facility generally has the right to request discharge, but the facility can hold the person for up to…
What happens if I move out without my guardian’s permission? – North Carolina Short Answer In North Carolina, if an adult has a court-appointed guardian of the person (or a general guardian), the guardian usually has legal authority to make or control major living-arrangement decisions. Moving out without the guardian’s agreement can trigger a court…
Can another family member object to the guardianship, and what happens if they do? – North Carolina Short Answer Yes. In North Carolina, a family member who receives notice of a guardianship-related proceeding can appear and oppose it, including challenging whether a guardianship is needed or arguing that a different person should be appointed. If…
What is the difference between guardianship over a person and guardianship over finances? – North Carolina Short Answer In North Carolina, guardianship over a person focuses on personal care decisions (like living arrangements and medical consent), while guardianship over finances focuses on managing money and property. The court (the Clerk of Superior Court) can appoint…
What kind of proof do I need to show verbal abuse or emotional abuse if the child is otherwise cared for and attending school? – North Carolina Short Answer In North Carolina, “proof” of verbal or emotional abuse usually means specific, credible evidence showing a pattern of harmful behavior and its impact on the child—not…
What legal options are there to recover money taken from an incapacitated person’s account without permission? – North Carolina Short Answer In North Carolina, recovering money taken from an incapacitated adult’s account usually involves (1) getting legal authority to act for the person (often through a guardianship), (2) quickly preserving and gathering bank records, and…