Can I start managing my father’s finances or apply for Medicaid before receiving the letters of guardianship? – North Carolina Short Answer In North Carolina, you generally cannot manage finances or submit a Medicaid application for an incapacitated adult until you qualify with the Clerk of Superior Court and the Clerk issues Letters of Guardianship.…
How is the bond amount calculated based on my father’s assets? – North Carolina Short Answer In North Carolina guardianships, the Clerk of Superior Court sets the bond based on the value of the ward’s personal property and the yearly income the guardian will control. Real estate value is not counted. With a corporate surety,…
What documents and oaths do I need to submit after the hearing to get the letters of guardianship? – North Carolina Short Answer In North Carolina, you must “qualify” with the Clerk of Superior Court before letters of guardianship are issued. That typically means filing the Application for Letters of Guardianship (AOC-E-206), signing the guardian’s…
How can I obtain the surety bond required to finalize my father’s guardianship? – North Carolina Short Answer In North Carolina, a guardian of the estate (or general guardian) must post a bond approved by the Clerk of Superior Court and take an oath before the court will issue Letters of Appointment. The clerk sets…
What steps are involved in converting a power of attorney into a formal guardianship? – North Carolina Short Answer In North Carolina, you do not “convert” a power of attorney (POA) into a guardianship. You start a court case to determine incompetence and, if proven, ask the Clerk of Superior Court to appoint a guardian.…
Do I still need a power of attorney if I obtain a court-appointed guardianship? – North Carolina Short Answer In North Carolina, a court-appointed guardian generally replaces the need for a power of attorney (POA) in the areas the guardianship covers. A guardian of the estate can revoke or limit a financial POA; a guardian…
Can my brother contest the guardianship if he’s deemed unfit due to mental health issues? – North Carolina Short Answer Yes. In North Carolina, adult siblings are “interested persons” and may appear, be heard, and object in a guardianship case. Being unfit to serve as guardian (for example, due to mental health issues that impair…
What qualifications do I need to serve as guardian for my mother? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court appoints the person who can most suitably serve your mother’s best interests. You must be an adult who is able to carry out the duties, free from disqualifying conflicts, and—if…
How can I petition to become my mother’s guardian when she’s under protective services? – North Carolina Short Answer In North Carolina, you start by filing a verified petition with the Clerk of Superior Court to have your mother adjudicated incompetent and to request your appointment as guardian. The court must personally serve your mother…
Can I use my parents’ life insurance or other policies to cover guardianship expenses or nursing home bills? – North Carolina Short Answer In North Carolina, you can use a parent’s insurance or policy funds to pay care and guardianship costs only if the funds are legally accessible and you have authority to act. A…