How do I get guardianship for a parent with dementia who refuses help and won’t agree to move into a memory-care facility? – North Carolina Short Answer In North Carolina, when a parent’s dementia prevents them from safely managing personal care or important decisions and they refuse help, guardianship usually starts with filing an incompetency…
What can we do quickly to stop someone from taking more of my relative’s money while they’re in the hospital? – North Carolina Short Answer In North Carolina, the fastest court-based option is often to file an incompetency petition and a verified motion asking the Clerk of Superior Court to appoint an interim guardian with…
Can I start a temporary guardianship in the state where my adult child is located and then transfer it after I move them? – North Carolina Short Answer Sometimes, yes—but it depends on where the adult child is physically located when the emergency petition is filed and which state qualifies as the “home state” for…
Can we get access to my relative’s bank accounts to pay for their care if they can’t manage their finances? – North Carolina Short Answer In North Carolina, family members usually cannot access a hospitalized relative’s bank accounts just to pay bills unless they already have legal authority (such as a valid power of attorney)…
How is an Adult Protective Services proceeding different from a guardianship case, and why would it be filed as a civil case? – North Carolina Short Answer In North Carolina, an Adult Protective Services (APS) court proceeding is usually a fast, targeted case that lets a judge authorize specific protective actions for a “disabled adult,”…
What can I do if I have financial power of attorney but no medical authority and care facilities require medical consent or records? – North Carolina Short Answer In North Carolina, a financial power of attorney usually does not give authority to sign medical consents or demand medical records. If the parent still has capacity,…
Do I need to file for a limited guardianship so my sibling can register my child for school and make medical decisions? – North Carolina Short Answer Not always. In North Carolina, a parent can often give a trusted adult (including a sibling) authority to consent to a child’s medical care without going to court…
Can I submit a copy of my filed tax return, or do I need the full return with all schedules for the Medicaid request? – North Carolina Short Answer In North Carolina, a Medicaid request for the “most recent tax return” usually means the complete filed return, including the signature page and any schedules and…
Does it change my rights or ability to help if the person comes to live with me in a different state for part of the year? – North Carolina Short Answer Sometimes. If the situation involves a North Carolina guardianship case, the person living in another state part of the year can affect which state’s…
What are my responsibilities and limits once I’m appointed as my parent’s guardian? – North Carolina Short Answer In North Carolina, a guardian must follow the clerk of superior court’s appointment order and act in the ward’s best interests within the powers granted. Responsibilities usually fall into two buckets: care decisions (guardian of the person)…