Can I handle a guardianship case mostly by phone or remotely if I’m out of state? – North Carolina Short Answer Sometimes, but not always. In North Carolina, adult guardianship cases are handled through the Clerk of Superior Court in the county where the case is properly filed, and the clerk controls whether hearings and…
What documents do I need to provide for a Medicaid undue-hardship request if they’re asking for my most recent tax return? – North Carolina Short Answer In North Carolina, when a county Department of Social Services (DSS) requests the most recent tax return for a Medicaid undue-hardship request, it typically needs the complete return (all…
What happens if I can’t submit the requested tax return right away for the Medicaid review? – North Carolina Short Answer In North Carolina, if a county Department of Social Services (DSS) requests a tax return during a Medicaid review and it is not provided on time, DSS can move forward using the information it…
If we are both power of attorney agents, can I move the person’s bank accounts to a different financial institution for better oversight? – North Carolina Short Answer Sometimes, but not automatically. In North Carolina, whether one co-agent can move a principal’s bank accounts to a different financial institution depends on how the power of…
How do I start the process to get guardianship of my parent when I live in a different state than they do? – North Carolina Short Answer In North Carolina, an adult guardianship usually starts in the county where the parent lives, by filing a verified petition asking the Clerk of Superior Court to decide…
What can I do if my co-agent under a power of attorney is transferring money to themself and I think it’s not for the person’s benefit? – North Carolina Short Answer In North Carolina, a co-agent under a power of attorney can take steps to stop suspected self-dealing and force transparency. Practical options usually start…
Can a power of attorney be challenged or invalidated if the person may not have had capacity when they signed it? – North Carolina Short Answer Yes. In North Carolina, a power of attorney can be challenged if the person who signed it (the “principal”) did not have the mental capacity to understand what they…
What does the court need to see to approve guardianship for an adult parent? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court can appoint a guardian for an adult parent only after the court first finds the parent is legally “incompetent.” The court must see clear, cogent, and convincing evidence…
If there is already a medical power of attorney naming a primary and backup decision-maker, can another relative override it? – North Carolina Short Answer Usually, no. In North Carolina, a valid Health Care Power of Attorney (HCPOA) gives decision-making authority to the named health care agent, and that authority is intended to be binding…
What kind of records should I gather to show that money was taken improperly from the parent’s accounts? – North Carolina Short Answer In North Carolina, the most helpful records are the ones that (1) show what the parent owned, (2) show every withdrawal/transfer, and (3) show what the money was used for. Start with…