What rights do I still have while a guardianship is in place? – North Carolina Short Answer In North Carolina, a guardianship does not automatically erase every right. The rights that remain depend on (1) what the clerk of superior court found in the incompetency order and (2) whether the guardian is a general guardian,…
Do the adult children who live out of state have to be notified about a guardianship case, and do they have to agree to it? – North Carolina Short Answer In North Carolina, adult children who live out of state usually must be notified if they are the respondent’s “next of kin” listed in the…
How do I get guardianship over an adult family member who is mentally unable to make medical and financial decisions and refuses to sign a power of attorney? – North Carolina Short Answer In North Carolina, when an adult cannot understand or communicate decisions and will not (or cannot) sign a power of attorney, the…
If the hospital is planning to discharge my family member soon, what can we do to keep them from going home alone if we think they’re a danger to themself? – North Carolina Short Answer In North Carolina, the two fastest legal paths are usually (1) seeking an interim (emergency) guardian through the Clerk of…
Can we set up a bank account that requires two signatures so the person can’t withdraw money alone? – North Carolina Short Answer Sometimes, but it depends on what legal authority exists over the money. In North Carolina, a bank or credit union may allow a joint account to be set up so withdrawals require…
How does a durable financial power of attorney work if the person can revoke it whenever they want? – North Carolina Short Answer In North Carolina, a durable financial power of attorney (POA) works because it is a voluntary delegation of authority: the agent can act for the principal only while the POA is in…
What does it take for someone to be considered incapacitated for purposes of a power of attorney or guardianship? – North Carolina Short Answer In North Carolina, “incapacitated” can mean different things depending on whether the issue is a power of attorney or a guardianship. For adult guardianship, the legal question is whether the person…
What legal options do we have to take control of an adult child’s finances when addiction is out of control but we want to avoid guardianship? – North Carolina Short Answer In North Carolina, a family usually cannot “take control” of an adult child’s money without the adult child’s voluntary written authority (like a properly…
If my relative can no longer sign documents, what options do we have to get authority to manage their care and finances? – North Carolina Short Answer In North Carolina, authority usually comes from (1) powers of attorney signed while the person still had capacity, or (2) a court-ordered adult guardianship when the person can…
Do I need guardianship to move a relative with dementia into a memory care facility in a new state? – North Carolina Short Answer Not always. Under North Carolina law, a court guardianship is usually needed only when the person with dementia cannot legally consent and there is no valid decision-maker already in place (such…
