What evidence is helpful to prove undue influence or lack of capacity when contesting a recent power of attorney or other estate planning changes? – North Carolina Short Answer In North Carolina, the most helpful evidence usually shows (1) what the parent’s mental abilities were at the time the power of attorney or other document…
What steps can I take to stop a guardian or social services from selling my paidoff home or taking my belongings? – North Carolina Short Answer In North Carolina, a guardian generally cannot sell a wards real estate just because a guardianship exists. A sale usually requires a separate court special proceeding before the Clerk…
How can I obtain guardianship for my child who is reaching adulthood while still letting them make everyday choices? – North Carolina Short Answer In North Carolina, a parent can seek an adult guardianship through the Clerk of Superior Court after the child turns 18, and the court can tailor the guardianship so the adult…
How do I start a guardianship case for an adult who can’t manage personal or financial decisions? – North Carolina Short Answer In North Carolina, an adult guardianship usually starts by filing a verified petition asking the Clerk of Superior Court to determine that the adult is legally “incompetent” and, if so, to appoint a…
Can I use a power of attorney instead of expanding to guardianship over the estate, or do I still need the bond? – North Carolina Short Answer In North Carolina, a power of attorney usually does not replace the need for a court-appointed guardian of the estate once a person has been found incapacitated and…
Is there any way to have the bond waived or reduced based on my situation? – North Carolina Short Answer Sometimes. In North Carolina, the Clerk of Superior Court usually requires a bond before issuing letters of general guardianship or guardianship of the estate, but the bond amount can often be reduced when assets are…
What is a guardianship bond and why is it required if I’m already guardian of the person? – North Carolina Short Answer In North Carolina, a guardianship bond is a financial guarantee (usually issued by a surety company) meant to protect the ward’s money and property if a guardian mishandles funds. Even if someone already…
How can I start an adult guardianship for my child who has just turned 18, and what steps come first? – North Carolina Short Answer In North Carolina, an “adult guardianship” usually starts with a court process to have the person legally found incompetent and then to have a guardian appointed by the Clerk of…
How do I become the guardian of the estate so I can manage my parent’s finances if I’m already the guardian of the person? – North Carolina Short Answer In North Carolina, being guardian of the person does not automatically give authority to manage a parent’s money. To handle finances, the clerk of superior court…
Do I need a separate case to help my parent with dementia? – North Carolina Short Answer Yes. In North Carolina, a guardianship (or an incompetency/guardianship case) is tied to one specific person, so helping a parent with dementia requires a separate court file from any guardianship for an adult child. The Clerk of Superior…
