How can I become legal guardian of my family member with schizophrenia in an assisted living facility? – North Carolina Short Answer In North Carolina, a relative or other interested person may petition the Clerk of Superior Court to have an adult adjudicated incompetent and to be appointed as guardian. The court requires clear, cogent,…
Can I access my family member’s medical records and bank account information to manage their care and benefits? – North Carolina Short Answer Under North Carolina law, a family member generally cannot access another adult’s medical or bank records unless authorized by the person, a court order, or formal appointment as guardian. Before appointment, records…
What factors will the court consider when deciding whether to remove a professional guardian in favor of a family member? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court may remove a guardian if replacing the current guardian would provide better care and maintenance for the ward or if statutory grounds…
How can I petition the court to become guardian of my adult sibling currently under a social worker’s care? – North Carolina Short Answer In North Carolina, a sibling can ask the Clerk of Superior Court to remove a current guardian and appoint a new one if the change is in the adult’s best interests…
What is the typical timeline and fee structure for obtaining guardianship? – North Carolina Short Answer In North Carolina, an adult guardianship case is opened by filing a petition with the Clerk of Superior Court. The clerk sets a hearing quickly, personal service by the sheriff is required, and many cases are heard within a…
Can I change my sibling’s care facility once I’m appointed guardian, and what process is required? – North Carolina Short Answer In North Carolina, a guardian of the person (or a general guardian) may choose and change an adult ward’s residence and care facility when it is in the ward’s best interests. Moving the ward…
How can I set up a power of attorney for my parent who lives in another state? – North Carolina Short Answer In North Carolina, a parent must personally sign a power of attorney (POA) while they still have capacity, and it should be executed under the law of the state where the parent signs.…
Can I limit a guardianship to only healthcare decisions and avoid financial responsibilities? – North Carolina Short Answer Yes. North Carolina allows a limited guardianship of the person so that a guardian handles only healthcare and personal decisions, while the adult keeps financial rights or a separate guardian of the estate manages money. The Clerk…
What are the differences between guardianship of the person and guardianship of the estate? – North Carolina Short Answer In North Carolina, a guardian of the person makes personal, medical, residential, and day-to-day care decisions. A guardian of the estate manages money, property, income, and bills. A general guardian holds both sets of powers. The…
How do jurisdiction rules affect appointing a guardian or agent in a neighboring state? – North Carolina Short Answer North Carolina follows a uniform set of rules to decide which state should handle an adult guardianship. Usually, the “home state” (where the adult has lived for at least six straight months) has priority. North Carolina…