If the deceased parent’s name is on a house that another relative lives in, does my child have rights to that property and what happens next? – North Carolina Short Answer Possibly. In North Carolina, if a parent dies owning an interest in a house, that interest generally passes to the parent’s heirs (often including…
How can I get a copy of the court’s order and the documents I need to access bank accounts and pay for the group home? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court issues an order appointing a guardian and then issues “letters of appointment” once the guardian has qualified.…
What are the least restrictive alternatives to full guardianship, and will doctors and banks accept those so I can stay involved? – North Carolina Short Answer In North Carolina, the main least restrictive alternatives to full adult guardianship are usually a health care power of attorney (for medical decisions and access), a durable (financial) power…
Can my parents be appointed as co‑guardians for both personal and financial decisions, or would a limited guardianship or power of attorney be a better fit? – North Carolina Short Answer In North Carolina, parents can ask the Clerk of Superior Court to appoint them as guardians so they can make personal (including medical) and…
What responsibilities and personal liability does a guardian take on, including annual accountings and bonding requirements? – North Carolina Short Answer In North Carolina, a guardian takes on a court-supervised fiduciary role. A guardian of the person must make decisions about the adult ward’s care and wellbeing, while a guardian of the estate (or general…
Can I seek guardianship or another court order to access my parent’s medical and financial information and protect them from undue influence? – North Carolina Short Answer Yes. In North Carolina, when family members block access and there are concerns about capacity or undue influence, a common path is to file an incompetency/guardianship case with…
How can I challenge a social services adult guardianship if the information in their petition is wrong or outdated? – North Carolina Short Answer In North Carolina, an adult guardianship case starts with an incompetency petition filed with the Clerk of Superior Court. If the petition contains wrong or outdated information, the usual way to…
Can I still move forward with a guardianship case if the current caregiver won’t communicate with me? – North Carolina Short Answer Yes. In North Carolina, a guardianship for a minor is started by filing an application with the Clerk of Superior Court in the county where the child lives, and the case can move…
What kind of medical or other proof do we need to show that an adult needs a guardian? – North Carolina Short Answer In North Carolina, the court process starts by asking the clerk of superior court to decide whether the adult is an “incompetent adult,” meaning the person lacks enough capacity to manage personal…
What are my rights to receive rehab or therapy in a facility if I’m not getting it and my health is declining? – North Carolina Short Answer In North Carolina, when a court has appointed a guardian, the guardian of the person has a duty to arrange appropriate care, which can include rehabilitation services, based…
