What legal paperwork is usually needed to make medical and financial decisions for a relative with dementia? – North Carolina Short Answer In North Carolina, the paperwork most commonly used to allow someone else to make decisions for a relative with dementia is (1) a Health Care Power of Attorney for medical decisions and (2)…
What happens if there is no medical or financial power of attorney and the hospital needs someone to make decisions? – North Carolina Short Answer In North Carolina, if an adult patient cannot make decisions and there is no valid medical or financial power of attorney, family members usually do not automatically have legal authority…
How do I set up a supported decision-making agreement for an adult who is struggling with addiction but is still working and functioning day to day? – North Carolina Short Answer In North Carolina, a supported decision-making agreement is typically set up as a private, written plan where the adult chooses trusted “supporters” to help…
When someone makes statements about not wanting to live, what legal steps can a family take to get an emergency mental-health evaluation while also protecting their job and privacy? – North Carolina Short Answer In North Carolina, a family member can ask for an emergency mental-health evaluation by filing an involuntary commitment petition with the…
Can an adult voluntarily sign a durable power of attorney that lets someone else control their finances and limit withdrawals or spending? – North Carolina Short Answer Yes—under North Carolina law, a competent adult can voluntarily sign a durable financial power of attorney (POA) that authorizes an agent to manage finances, including paying bills and…
What are the alternatives to guardianship for protecting an adult from financial self-destruction without putting them in a court process? – North Carolina Short Answer In North Carolina, the main alternatives to guardianship are voluntary tools that the adult chooses while they still have capacity—such as a durable financial power of attorney, a trust with…
If my adult child agrees now but later changes their mind, can they revoke the agreement and take back control of their money? – North Carolina Short Answer Usually, yes—if the arrangement is based on the adult child’s voluntary consent (like a power of attorney or allowing someone to help manage accounts), North Carolina law…
Can I petition to be appointed guardian so I can make placement and medical decisions without taking on personal financial liability? – North Carolina Short Answer Yes. In North Carolina, it is often possible to petition the Clerk of Superior Court to be appointed guardian of the person (rather than a general guardian) so placement…
How do I change a state-appointed guardianship to a temporary partial guardianship? – North Carolina Short Answer In North Carolina, changing an existing guardianship usually means filing a petition or motion in the guardianship file with the Clerk of Superior Court asking the clerk to enter a new order that narrows the guardian’s powers (a…
Can I ask the court to limit what my guardian controls while keeping help in certain areas? – North Carolina Short Answer Yes. In North Carolina, the Clerk of Superior Court can tailor a guardianship so it is limited to specific areas where help is still needed, while the ward keeps other rights. This is…
