What ongoing duties, reports, and accountings will I have after I’m appointed? – North Carolina Short Answer In North Carolina, a guardian’s reporting duties depend on the type of guardianship. A guardian of the estate (and a general guardian) must file an inventory within three months of appointment and submit annual accountings with supporting documents.…
Can I petition a court to appoint me or another family member as guardian if the POA is misusing authority? – North Carolina Short Answer Yes. In North Carolina, an interested person may file a petition with the Clerk of Superior Court to determine incapacity and request appointment of a guardian if a power of…
If I have stable housing and am managing well, will the court still approve a guardianship or consider ending it instead? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court only approves adult guardianship if there is strong evidence the person cannot manage essential decisions or affairs. If the person has…
How can I reinstate guardianship for myself after my previous guardian resigned? – North Carolina Short Answer In North Carolina, if a guardian resigns, the Clerk of Superior Court can appoint a successor guardian in the same guardianship case without re-doing the incompetency adjudication, unless the court has already restored competency. The ward, a parent,…
What proof do I need to provide to show the current agent is failing to care for my parent? – North Carolina Short Answer In North Carolina, show concrete, dated evidence that the agent under a power of attorney is not acting in the parent’s best interests or within the authority granted. Typical proof includes…
How do I protect my parent’s wishes when the appointed agent refuses to follow them? – North Carolina Short Answer In North Carolina, the first question is whether the parent still has decision-making capacity. If so, the parent can revoke the power of attorney in writing and name a new agent. If capacity is impaired,…
What steps are required to rescind a power of attorney after the principal has started losing capacity? – North Carolina Short Answer In North Carolina, only a principal with legal capacity can revoke a power of attorney by signing a written revocation and giving actual notice to the agent and third parties. If capacity is…
What is the difference between being a joint owner and being listed with rights of survivorship when managing money during incapacity? – North Carolina Short Answer In North Carolina, a joint owner has present ownership and can access the account during the original owner’s lifetime; “rights of survivorship” decides who owns the funds at death.…
If a court later appoints a guardian, what happens to our access to the joint account and will past transactions be reviewed? – North Carolina Short Answer Once a North Carolina court appoints and qualifies a guardian of the estate or general guardian, the guardian controls the ward’s bank funds. Banks typically honor only the…
Can I limit a power of attorney to specific decisions or transactions? – North Carolina Short Answer Yes. North Carolina law allows a power of attorney (financial or health care) to be narrowly tailored to specific tasks, decisions, or time periods. The document can grant only selected powers, exclude others, and even condition when it…