How can I establish a guardianship for a parent who lost capacity after a stroke? – North Carolina Short Answer In North Carolina, you start by filing a verified petition with the Clerk of Superior Court to determine your parent’s incompetence and to appoint a guardian. The court must see clear, cogent, and convincing evidence…
What steps are involved in transferring existing guardianship from the current guardian to me? – North Carolina Short Answer In North Carolina, you take over an existing guardianship by asking the Clerk of Superior Court to replace the current guardian and appoint you as the successor. This can happen by the current guardian’s resignation or…
What documents are required to file a guardianship petition? – North Carolina Short Answer In North Carolina, you start an adult guardianship case by filing a verified Petition for Adjudication of Incompetence and Application for Appointment of Guardian (AOC-SP-200) with the Clerk of Superior Court in the respondent’s county. The clerk issues a Notice of…
Who is eligible to serve as a guardian? – North Carolina Short Answer In North Carolina, any competent adult the Clerk of Superior Court finds “most suitable” may serve as guardian of the person, guardian of the estate, or general guardian. Nonresidents may serve if they appoint a North Carolina resident process agent and meet…
How do I ensure court documents are properly received and forwarded from another county? – North Carolina Short Answer In North Carolina guardianships, if the Clerk of Superior Court requires a resident process agent, you should designate a reliable local adult to accept service for the case and promptly forward all court papers to you.…
How can I appoint a local resident process agent in another state to handle guardianship court papers? – North Carolina Short Answer In North Carolina, a guardian who lives outside the state must appoint a North Carolina resident as a process agent to accept guardianship court papers. You do this by filing the Appointment of…
What responsibilities does a resident process agent have in a guardianship proceeding? – North Carolina Short Answer In North Carolina, a resident process agent is a North Carolina resident appointed by a nonresident guardian to accept legal papers and official notices for the guardianship. The agent’s job is to promptly receive, date, and forward everything…
What happens if I wasn’t notified about the financial guardianship proceedings? – North Carolina Short Answer In North Carolina, you must be personally served with the guardianship petition and notice of hearing, and you have the right to attend and be heard. If you were not properly notified, you can ask the Clerk of Superior…
How can I challenge or terminate a financial guardianship obtained without my knowledge? – North Carolina Short Answer In North Carolina, you can challenge a recent financial guardianship (guardian of the estate) by appealing the orders within tight deadlines, moving to set aside the adjudication if you were not properly served, asking to modify or…
What is the process for filing a motion to restore my financial competency before a year has passed? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to restore your financial competency (end a guardianship of the estate). If it has been less than one year since the…