Can I be forced to stay in a nursing home, and how do I get released to return home with a safe plan? – North Carolina Short Answer In North Carolina, an adult usually cannot be forced to stay in a residential facility unless a court order or a legal authority (most often a guardian)…
How can I find out if my parent’s will was changed when my siblings refuse to share any documents? – North Carolina Short Answer In North Carolina, a parent’s will usually is not available to the public while the parent is living, even if siblings claim it was changed. The most direct way to confirm…
How can my parents obtain adult guardianship for an adult sibling with lifelong disabilities, and what medical evaluations or records should we gather to support the petition? – North Carolina Short Answer In North Carolina, parents typically obtain adult guardianship by filing (1) a petition asking the Clerk of Superior Court to adjudicate the adult…
Can my spouse and I both be appointed as guardians, and what problems come up if we are co-guardians? – North Carolina Short Answer Yes. In North Carolina, the clerk of superior court can appoint more than one person to serve as guardian, including spouses serving together, and can tailor the appointment to the adult…
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…
