How quickly can a court act to protect a vulnerable adult, and what happens after temporary orders are granted? – North Carolina Short Answer Under North Carolina law, a court can act very quickly to protect a vulnerable or disabled adult. In serious emergencies, the court can issue an ex parte emergency protective order the…
Can I start and manage a guardianship case from out of state? – North Carolina Short Answer Under North Carolina law, a person who lives in another state can usually file and manage a North Carolina adult guardianship case if the adult in need of protection has the required ties to North Carolina. The case…
Can a power of attorney be signed at a care facility, and what proof of capacity will a court accept? – North Carolina Short Answer In North Carolina, a power of attorney may be signed in a hospital, nursing home, assisted living facility, or other care setting as long as the signer meets the legal…
How can I remove a sibling living in my relative’s home when my relative can’t attend court but is mentally competent? – North Carolina Short Answer Under North Carolina law, a mentally competent homeowner generally must be the one to act in court to remove someone from the home, usually through a summary ejectment (eviction)…
Do I need guardianship, or would a power of attorney be enough to evict my sibling and manage the house of my family member? – North Carolina Short Answer Under North Carolina law, a valid, properly drafted and recorded financial power of attorney often gives an agent enough authority to manage a family member’s house…
If the home is jointly titled with survivorship rights and my relative holds the larger share, who can legally start an eviction? – North Carolina Short Answer Under North Carolina law, each joint owner with a right to survivorship has an equal right to possess the entire home, regardless of who owns the larger share.…
What steps and timeline are involved to evict a family member when the property owner cannot appear in person, and can an attorney appear instead? – North Carolina Short Answer In North Carolina, removing a family member from a home usually requires a summary ejectment (eviction) case, even if the person never signed a formal…
If there is already a power of attorney or health care directive, do we still need a guardianship? – North Carolina Short Answer In North Carolina, a valid financial power of attorney and health care directive often remove the need for a guardianship, because the named agents can make decisions without court involvement. However, the…
How do I start a guardianship, and what paperwork and evidence will the court need? – North Carolina Short Answer In North Carolina, a guardianship case usually starts by filing a verified petition to have a person adjudicated incompetent with the clerk of superior court in the county where that person lives, followed by an…
Can I request an emergency or temporary guardianship if there are safety or medical concerns? – North Carolina Short Answer Under North Carolina law, an emergency or temporary guardianship is possible when there is an immediate risk to a person’s health, safety, or finances and regular guardianship procedures are too slow. The usual paths are…