If my spouse goes to a veteran care facility or nursing facility, who controls their monthly income and bank accounts? – North Carolina Short Answer In North Carolina, a spouse’s move into a veteran care facility or nursing facility does not automatically transfer control of that spouse’s monthly income or bank accounts to the other…
What happens in a medical emergency if my adult sibling won’t consent to share information—can we get an emergency or temporary guardianship quickly? – North Carolina Short Answer In North Carolina, a family usually cannot force a hospital to share information about a competent adult who refuses consent. If the adult lacks capacity and there…
What rights do relatives or other interested people have to contest who is appointed as guardian when social services is involved? – North Carolina Short Answer In North Carolina, relatives and other interested people can ask the court to appoint a different guardian than the one supported by social services, but the decision-maker must still…
What paperwork, reporting, or court approvals are usually required after I’m appointed guardian of a minor’s estate? – North Carolina Short Answer In North Carolina, after appointment as guardian of a minor’s estate, the clerk of superior court typically expects the guardian to (1) qualify and obtain letters of appointment, (2) take control of the…
What happens if I have medical letters and witnesses showing no neglect, but that evidence wasn’t presented at the guardianship hearing? – North Carolina Short Answer In North Carolina, medical letters and witness testimony that were not presented at the incompetency/guardianship hearing usually do not automatically undo the clerk’s decision. Instead, the typical path is…
What bond do I need, how is the bond amount set, and what happens if I’m accused of mishandling funds? – North Carolina Short Answer In North Carolina, a general guardian or guardian of the estate usually must post a bond before receiving or controlling the ward’s money or property, and the Clerk of Superior…
How do I file for emergency guardianship for my adult child who is mentally incompetent? – North Carolina Short Answer In North Carolina, emergency guardianship is handled through the clerk of superior court and usually starts with (1) a verified incompetency petition and (2) an application to be appointed guardian. The clerk can move quickly…
How can I challenge a finding that my parent is incompetent if the case moved quickly and I didn’t understand what was happening? – North Carolina Short Answer In North Carolina, an incompetency finding is usually entered by the Clerk of Superior Court, and it can be challenged by filing an appeal to Superior Court…
Can Adult Protective Services remove my spouse from our home and keep them from returning unless other family members move out? – North Carolina Short Answer In North Carolina, Adult Protective Services (APS) generally cannot remove a spouse from the home or bar them from returning based only on an APS investigation or a worker’s…
How can I obtain the bond and complete the oath so I can get letters of guardianship to manage bank accounts and bills? – North Carolina Short Answer In North Carolina, the clerk of superior court generally will not issue letters of guardianship that allow control of an incapacitated person’s money until the proposed guardian…
