If there are multiple close family members, who can be appointed guardian and how are disagreements handled? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court appoints a guardian based on the ward’s best interests, even when several close family members are willing to serve. The clerk must consider a statutory…
What happens if I don’t have guardianship in place when my child turns 18—can I still help with medical, school, or financial decisions? – North Carolina Short Answer In North Carolina, when a child turns 18, the child becomes a legal adult. Without adult guardianship (or a signed authorization such as a health care power…
What happens if my grandchild is living with a non-parent caregiver but there is no court-appointed guardian? – North Carolina Short Answer In North Carolina, a non-parent caregiver can physically care for a child day-to-day without a court order, but that caregiver may not have the legal authority needed for bigger decisions like enrolling the…
Who is allowed to file for guardianship—can a parent do it, or can another relative file instead? – North Carolina Short Answer In North Carolina adult guardianship cases, a parent may file, and another relative may also file. North Carolina law allows any person to file the incompetency petition that starts an adult guardianship case,…
How do I get legal authority to make medical decisions for an elderly relative in a nursing home if they can’t understand or sign paperwork? – North Carolina Short Answer In North Carolina, the usual way to get clear legal authority to make medical decisions for an elderly relative who cannot understand or sign documents…
How do I respond to an Adult Protective Services investigation accusing me of financially abusing my spouse? – North Carolina Short Answer In North Carolina, Adult Protective Services (APS), usually through the county Department of Social Services (DSS), can investigate reports that a disabled adult is being exploited, including financial exploitation. A safe response usually…
How do I get appointed as guardian of my minor child’s estate so I can receive and manage inherited money on their behalf? – North Carolina Short Answer In North Carolina, inherited money payable to a minor usually cannot be paid directly to a parent. To receive and manage those funds, a parent typically petitions…
If the deceased parent left no assets, do I still need to open an estate case or file anything with the court? – North Carolina Short Answer Usually, no. In North Carolina, if a deceased parent truly left no property that needs to be collected, transferred, or paid out, there is often no practical reason…
Do I need to open a probate estate if the only assets are life insurance and a retirement account with my child listed as the beneficiary? – North Carolina Short Answer Usually not. In North Carolina, life insurance proceeds and most retirement accounts that name a beneficiary generally pass directly to the named beneficiary and…
If I live out of state, can I start and participate in a guardianship or power of attorney challenge where my parent lives? – North Carolina Short Answer Yes. In North Carolina, an out-of-state family member can start a guardianship case in the county where the parent lives (or is located in a facility) and…