Can I move to another state to be closer to family while I’m under guardianship, and what approvals are needed? – North Carolina Short Answer In North Carolina, a move to another state while a guardianship is in place usually requires court involvement, because the Clerk of Superior Court keeps ongoing authority over the guardianship.…
Can I request a limited guardianship so I can make my own decisions about work, medical appointments, and daily life? – North Carolina Short Answer Yes. In North Carolina, a person under guardianship can ask the Clerk of Superior Court to change the guardianship so more decision-making stays with the ward, or to end the…
What can I do now to be able to manage my relative’s affairs and access information from the facility while they are still alive? – North Carolina Short Answer In North Carolina, the fastest way to manage a living relative’s affairs and get information from a care facility is usually to have the relative sign…
How do I find out whether my relative has a will if their papers and valuables are being kept by another family member? – North Carolina Short Answer In North Carolina, a will is usually not “on file” anywhere unless the person deposited it with the Clerk of Superior Court for safekeeping or it has…
Do I need to file for guardianship if my relative is in hospice and may pass soon? – North Carolina Short Answer Not always. In North Carolina, guardianship is mainly used to get legal authority to make decisions for a living person who cannot make or communicate decisions and does not have workable legal documents…
Can I ask the court to change who the guardian is if the current arrangement isn’t working? – North Carolina Short Answer Yes. In North Carolina, a guardianship is supervised by the Clerk of Superior Court, and the clerk can remove a guardian and appoint a successor if there is good reason and the change…
If my relative’s condition worsens quickly, can the court issue an emergency or temporary guardianship? – North Carolina Short Answer Yes. In North Carolina, after a guardianship (incompetency) case is filed, the Clerk of Superior Court can appoint an interim guardian on an emergency basis when there is reasonable cause to believe the person is…
What happens to the guardianship case if my relative passes away before the court appoints a guardian? – North Carolina Short Answer In North Carolina, a guardianship is meant to protect a living person who has been found incompetent. If the respondent (the person the case is about) dies before the clerk of superior court…
How can I get my rights back if I’m under a guardianship? – North Carolina Short Answer In North Carolina, a person under an adult guardianship can ask the Clerk of Superior Court to restore rights by filing a verified motion for restoration to competency in the same guardianship case. The clerk must schedule a…
How does a hospice recommendation affect a pending guardianship petition? – North Carolina Short Answer In North Carolina, a hospice recommendation usually does not stop a pending adult guardianship case by itself. The case can still move forward in front of the Clerk of Superior Court if a guardian is needed to make decisions quickly,…
