If my adult child improves over time, how can a limited guardianship be modified or ended, and what happens to guardianship if the parents pass away? – North Carolina Short Answer In North Carolina, a limited guardianship can be changed if the adult child’s capacity improves, and it can end if the adult child is…
Can the court give limited guardianship so the guardian only handles certain decisions instead of everything? – North Carolina Short Answer Yes. In North Carolina, the clerk of superior court can tailor a guardianship so the guardian handles only certain areas (for example, finances but not personal decisions), instead of appointing a general guardian over…
How do I file a motion to modify a guardianship so I can replace the current guardian and bring my parent back home? – North Carolina Short Answer In North Carolina, a request to change a guardian or change how a guardianship is being handled is usually filed as a “motion in the cause” with…
Can I get guardianship in the state where my adult child lives if I live in a different state? – North Carolina Short Answer Yes. In North Carolina, a parent who lives in another state can still ask a North Carolina court to appoint them as guardian if North Carolina has jurisdiction over the adult…
Can I ask the court to remove social services as guardian and appoint me or a private guardian instead? – North Carolina Short Answer Yes. In North Carolina adult guardianship cases, the Clerk of Superior Court can remove a guardian (including the county department of social services acting as a public guardian) and appoint a…
How can I find out whether a guardianship case has been filed and what paperwork I’m entitled to receive? – North Carolina Short Answer In North Carolina, guardianship cases are filed with the Clerk of Superior Court (the “clerk”) in the county where the adult lives or is present, and the clerk’s office can usually…
What kind of proof and documents do we need to show the court that an adult child needs a guardianship (medical records, bank records, and specific incidents)? – North Carolina Short Answer In North Carolina, the court (usually the Clerk of Superior Court) looks for clear, practical evidence that the adult cannot manage personal decisions…
What can I do if I believe my parent was removed from the home without proper court approval during a guardianship case? – North Carolina Short Answer In North Carolina, most placement and removal decisions in an adult guardianship case flow through the Clerk of Superior Court and the guardian’s authority. If a parent was…
What medical records and paperwork do I need to start a guardianship? – North Carolina Short Answer In North Carolina, starting a guardianship usually requires (1) paperwork filed with the Clerk of Superior Court and (2) medical or clinical information that shows why the person cannot manage some or all decisions. The exact medical records…
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…
