How can I challenge or change a guardianship so my parent can move to a safer private memory-care facility? – North Carolina Short Answer In North Carolina, a guardianship can be changed by filing a motion in the cause with the Clerk of Superior Court in the county where the guardianship is open, asking the…
What evidence should I bring to court to show my parent needs a different placement and better supervision after repeated falls? – North Carolina Short Answer In North Carolina, the most persuasive evidence is usually objective, dated documentation showing (1) a pattern of falls or safety incidents, (2) a medical reason the current setting is…
What can I do if I believe a family member is withholding or misusing my parent’s annuity or other funds while my parent is under guardianship? – North Carolina Short Answer In North Carolina, concerns about a guardian (or someone acting through the guardian) withholding or misusing a ward’s annuity or other funds are handled…
What kind of proof do I need to show the court that I can live more independently and manage my own money? – North Carolina Short Answer In North Carolina, the court (through the Clerk of Superior Court) focuses on proof that the person under guardianship is now competent to manage personal and financial affairs,…
How can I protect my parent’s finances and medical decisions while a guardianship case is pending? – North Carolina Short Answer In North Carolina, filing a guardianship case does not automatically give anyone authority to manage a parent’s money or make medical decisions. If there is an immediate risk to the parent’s health or estate…
What happens if my sibling is already making decisions for my parent without legal authority? – North Carolina Short Answer In North Carolina, a sibling does not automatically have legal authority to make medical, financial, or placement decisions for a parent just because the sibling is “handling things.” If the sibling is acting without a…
What does the court look at when deciding who should be guardian for an adult parent? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court appoints a guardian for an adult parent based on the parent’s best interest, not simply on who is “next of kin.” The clerk looks at who…
How do I get guardianship of my parent if my sibling disagrees? – North Carolina Short Answer In North Carolina, a sibling’s disagreement does not block a guardianship case, but it usually makes the case contested. The process generally starts with an incompetency petition filed with the Clerk of Superior Court, followed by a hearing.…
Can I challenge my sibling being appointed as guardian for our parent? – North Carolina Short Answer Yes. In North Carolina, a family member can object to a sibling being appointed as guardian for a parent by participating in the clerk of superior court guardianship case and presenting evidence about what type of guardianship is…
If I live in a group home, who gets to decide whether I can work or leave the home, and can I challenge those restrictions? – North Carolina Short Answer In North Carolina, the decision-maker depends on what the court order says and what type of guardian is appointed. A guardian of the person (or…
