If I suspect the other agent is taking money, what steps can I take to protect the parent’s finances while I’m out of state? – North Carolina Short Answer In North Carolina, the fastest way to protect an ill parent’s finances when a co-agent under a power of attorney may be misusing funds is to…
What can I do if a family member tries to forge or improperly create a new power of attorney? – North Carolina Short Answer In North Carolina, a “new” power of attorney that was forged or signed when the person lacked capacity can often be challenged and treated as invalid. Practical steps usually include notifying…
What counts as power of attorney abuse or misuse of a parent’s money when I’m a co-agent too? – North Carolina Short Answer In North Carolina, power of attorney (POA) “abuse” usually means an agent uses a parent’s money for the agent’s own benefit (or someone else’s benefit) instead of for the parent, or acts…
Should I pursue guardianship or another court process to prevent family members from interfering with medical decisions? – North Carolina Short Answer In North Carolina, guardianship can stop family interference with medical decisions, but it is usually the most intrusive option and requires a court finding of incompetency. If a valid health care power of…
How do I know if a co-agent under a power of attorney is allowed to act alone or if both agents must approve decisions? – North Carolina Short Answer In North Carolina, the starting point is the power of attorney (POA) document itself: it can require co-agents to act together, or it can allow either…
How do I prove my child doesn’t have the capacity to sign a new medical power of attorney? – North Carolina Short Answer In North Carolina, the key issue is whether the person has enough understanding and capacity to make and communicate health care decisions at the time a new Health Care Power of Attorney…
Can I move the person under guardianship to my new state before the transfer is fully finalized, and what risks should I watch for? – North Carolina Short Answer Sometimes, but it is risky to move an adult under a North Carolina guardianship to another state before the transfer is finalized. North Carolina law allows…
What happens if I disagree with the guardian’s medical decisions for my child? – North Carolina Short Answer In North Carolina, when a court-appointed guardian has authority over an adult child who has been found incompetent, that guardian generally controls medical decisions within the powers the court granted. If a parent disagrees with those medical…
What kind of lawyer handles disputes over power of attorney abuse? – North Carolina Short Answer In North Carolina, disputes about power of attorney (POA) abuse are usually handled by an attorney who practices guardianship and related clerk-of-court proceedings, often alongside estate litigation. These cases commonly involve asking the Clerk of Superior Court to step…
If my adult child passes away, how do I open an estate so I can access the apartment and handle their property? – North Carolina Short Answer In North Carolina, a parent usually cannot access an adult child’s apartment or take control of property just because of the family relationship. After death, the legal authority…