Can I use a power of attorney instead of expanding to guardianship over the estate, or do I still need the bond? – North Carolina Short Answer In North Carolina, a power of attorney usually does not replace the need for a court-appointed guardian of the estate once a person has been found incapacitated and…
Is there any way to have the bond waived or reduced based on my situation? – North Carolina Short Answer Sometimes. In North Carolina, the Clerk of Superior Court usually requires a bond before issuing letters of general guardianship or guardianship of the estate, but the bond amount can often be reduced when assets are…
What is a guardianship bond and why is it required if I’m already guardian of the person? – North Carolina Short Answer In North Carolina, a guardianship bond is a financial guarantee (usually issued by a surety company) meant to protect the ward’s money and property if a guardian mishandles funds. Even if someone already…
How can I start an adult guardianship for my child who has just turned 18, and what steps come first? – North Carolina Short Answer In North Carolina, an “adult guardianship” usually starts with a court process to have the person legally found incompetent and then to have a guardian appointed by the Clerk of…
How do I become the guardian of the estate so I can manage my parent’s finances if I’m already the guardian of the person? – North Carolina Short Answer In North Carolina, being guardian of the person does not automatically give authority to manage a parent’s money. To handle finances, the clerk of superior court…
Do I need a separate case to help my parent with dementia? – North Carolina Short Answer Yes. In North Carolina, a guardianship (or an incompetency/guardianship case) is tied to one specific person, so helping a parent with dementia requires a separate court file from any guardianship for an adult child. The Clerk of Superior…
What kind of proof should I gather and who can perform a welfare check for suspected elder abuse? – North Carolina Short Answer Under North Carolina law, any person with reasonable cause to believe a disabled or elder adult is being abused, neglected, or exploited should report concerns to the county Department of Social Services…
How can I challenge a guardianship that was put over me when I didn’t consent and believe I can manage my own affairs? – North Carolina Short Answer In North Carolina, an adult under guardianship can challenge the guardianship by filing a motion in the original guardianship case asking the clerk of superior court to…
What steps do I take to get emergency guardianship or a protective order to keep them safe? – North Carolina Short Answer In North Carolina, emergency protection for a vulnerable adult usually happens in two tracks at the same time: (1) an emergency or interim guardianship case in the clerk of superior court, and (2)…
How can I remove an elderly family member from a harmful living situation if I believe they are under duress? – North Carolina Short Answer Under North Carolina law, removing an elderly adult from a harmful living situation usually happens through Adult Protective Services (APS) and/or a guardianship case in the county where the adult…