Can I start and manage a guardianship case from out of state? – North Carolina Short Answer Under North Carolina law, a person who lives in another state can usually file and manage a North Carolina adult guardianship case if the adult in need of protection has the required ties to North Carolina. The case…
Can a power of attorney be signed at a care facility, and what proof of capacity will a court accept? – North Carolina Short Answer In North Carolina, a power of attorney may be signed in a hospital, nursing home, assisted living facility, or other care setting as long as the signer meets the legal…
How can I remove a sibling living in my relative’s home when my relative can’t attend court but is mentally competent? – North Carolina Short Answer Under North Carolina law, a mentally competent homeowner generally must be the one to act in court to remove someone from the home, usually through a summary ejectment (eviction)…
Do I need guardianship, or would a power of attorney be enough to evict my sibling and manage the house of my family member? – North Carolina Short Answer Under North Carolina law, a valid, properly drafted and recorded financial power of attorney often gives an agent enough authority to manage a family member’s house…
If the home is jointly titled with survivorship rights and my relative holds the larger share, who can legally start an eviction? – North Carolina Short Answer Under North Carolina law, each joint owner with a right to survivorship has an equal right to possess the entire home, regardless of who owns the larger share.…
What steps and timeline are involved to evict a family member when the property owner cannot appear in person, and can an attorney appear instead? – North Carolina Short Answer In North Carolina, removing a family member from a home usually requires a summary ejectment (eviction) case, even if the person never signed a formal…
If there is already a power of attorney or health care directive, do we still need a guardianship? – North Carolina Short Answer In North Carolina, a valid financial power of attorney and health care directive often remove the need for a guardianship, because the named agents can make decisions without court involvement. However, the…
How do I start a guardianship, and what paperwork and evidence will the court need? – North Carolina Short Answer In North Carolina, a guardianship case usually starts by filing a verified petition to have a person adjudicated incompetent with the clerk of superior court in the county where that person lives, followed by an…
Can I request an emergency or temporary guardianship if there are safety or medical concerns? – North Carolina Short Answer Under North Carolina law, an emergency or temporary guardianship is possible when there is an immediate risk to a person’s health, safety, or finances and regular guardianship procedures are too slow. The usual paths are…
Do we have to file for guardianship if capacity is uncertain, and what does that process involve from start to finish? – North Carolina Short Answer In North Carolina, a guardianship case is usually filed only if an adult cannot understand decisions well enough to manage essential personal, housing, or financial matters, and less-restrictive options…
