How can I obtain court-appointed guardianship for my elderly parents in a care facility? – North Carolina Short Answer In North Carolina, you start by filing a verified petition with the Clerk of Superior Court to have each parent adjudicated incompetent and to appoint a guardian. The court considers whether less-restrictive tools (like your existing…
How do I establish guardianship for my parents when they can’t sign necessary documents? – North Carolina Short Answer In North Carolina, you start a special proceeding with the Clerk of Superior Court asking the court to find your parent incompetent and to appoint a guardian. The court will consider whether a limited guardianship or…
Can I still manage their finances and healthcare with my existing POAs? – North Carolina Short Answer In North Carolina, a valid financial power of attorney usually remains effective even if a court later appoints a guardian—but a guardian can revoke or limit the agent’s powers. A health care power of attorney also remains in…
What is the difference between a power of attorney and a court-appointed guardian? – North Carolina Short Answer In North Carolina, a power of attorney (POA) is a private document your parent signed while they had capacity, naming an agent to act within the document’s limits. A court-appointed guardianship requires a legal finding that your…
What responsibilities and duties will I have once appointed as their guardian? – North Carolina Short Answer In North Carolina, a guardian is a court‑appointed fiduciary who must act in the ward’s best interests and use the least‑restrictive approach. A guardian of the person makes care, residence, and medical decisions; a guardian of the estate…
How can I use the VA’s medical evaluations to support our guardianship petition? – North Carolina Short Answer In North Carolina guardianship cases, VA medical evaluations can be powerful evidence of incapacity if they are current, relevant to decision-making ability, and properly authenticated. File them with your petition or present them at the hearing, and,…
What steps do I need to take to gain authority over his healthcare and finances? – North Carolina Short Answer In North Carolina, you gain legal authority through a guardianship case before the Clerk of Superior Court. You file a petition to have your father adjudicated incompetent and request appointment as guardian of the person…
Can my spouse or I be appointed guardian instead of the current durable power holder? – North Carolina Short Answer Yes—if the Clerk of Superior Court finds your father is incompetent and that a guardian is necessary, the clerk may appoint the person who will best serve his interests. A spouse or adult child can…
Which family members must be notified and what happens at a guardianship hearing? – North Carolina Short Answer In North Carolina, the respondent (your father) must be personally served—usually by the sheriff—with the petition and hearing notice. You must also mail copies to the respondent’s “next of kin” listed in the petition (typically a spouse,…
How can I petition for general guardianship of my father in North Carolina? – North Carolina Short Answer In North Carolina, you start by filing a verified petition to have your father adjudicated incompetent and to appoint a guardian. The Clerk of Superior Court will schedule a hearing; your father must be personally served, and…