How does a guardianship process work when a hospital or facility says they will seek guardianship for an incapacitated patient? – North Carolina Short Answer In North Carolina, a hospital or facility can start an adult guardianship by filing a verified petition with the Clerk of Superior Court to have the patient adjudicated incompetent and…
How do I ask the court to remove the current guardian and appoint a neutral third-party professional guardian? – North Carolina Short Answer In North Carolina, an interested person can ask the Clerk of Superior Court (Estates/Guardianship) to remove a guardian and appoint a successor by filing a motion in the cause in the existing…
What can I do if the guardian says they are medically unable to serve? – North Carolina Short Answer In North Carolina, a guardian who is medically unable to serve can ask the Clerk of Superior Court to accept a resignation and appoint a successor guardian. If the guardian’s health issues (or related problems) are…
What happens if an incapacitated adult under a limited guardianship is living unsafely, and the guardian claims they can’t force the person to accept help? – North Carolina Short Answer In North Carolina, a limited guardianship means the guardian can act only within the powers the Clerk of Superior Court granted in the guardianship order.…
How can I get the court to require an accounting of how my parent’s benefit money is being used? – North Carolina Short Answer In North Carolina, a guardian who controls an incapacitated parent’s money generally must file an inventory and then file sworn annual accounts with the Clerk of Superior Court. If the guardian…
How do I challenge a prior court decision that reduced a full guardianship to a limited guardianship when the person’s condition has gotten worse? – North Carolina Short Answer In North Carolina, the practical way to challenge a prior order that narrowed a guardianship is usually to file a motion in the cause in the…
How can I protect my parent’s home from Medicaid recovery or nursing-home claims while they are in long-term care? – North Carolina Short Answer In North Carolina, a parent’s home is often not taken while the parent is alive, but it can still be exposed later through Medicaid estate recovery after death and, in some…
How does living in a memory care facility affect where the guardianship or conservatorship should be filed? – North Carolina Short Answer In North Carolina, living in a memory care facility can change (or clarify) the proper county for filing, but it does not automatically do so. For an incompetency/guardianship case, venue is generally proper…
How can I challenge an adult guardianship if I wasn’t given a fair chance to participate and the information presented was inaccurate? – North Carolina Short Answer In North Carolina, challenging an adult guardianship usually means acting quickly in the clerk of superior court file that created the guardianship. Depending on what went wrong, the…
What can I do to request a new evaluation of my parent’s capacity after they were declared incompetent during a hospital stay? – North Carolina Short Answer In North Carolina, a new look at a parent’s capacity usually happens through a motion to restore the ward to competency filed with the Clerk of Superior Court…
