What is the difference between guardianship and a power of attorney, and which one do I need? – North Carolina Short Answer In North Carolina, a power of attorney is a private document where a competent adult gives someone authority to act for them, usually without court involvement. Guardianship is a court process where the…
What can I do if a family member accessed a parent’s life insurance account and changed beneficiaries without proper permission? – North Carolina Short Answer In North Carolina, the main options are to (1) immediately notify the life insurance company in writing and ask it to freeze beneficiary changes and flag the policy for suspected…
Do we need full guardianship, or can we ask for a more limited guardianship that only covers medical decisions or certain areas? – North Carolina Short Answer In North Carolina, full guardianship is not always required. A petition can ask the Clerk of Superior Court to appoint a guardian with powers limited to the areas…
Can I still handle bills and manage our shared property if I’m already listed on the bank accounts but don’t have a power of attorney? – North Carolina Short Answer In North Carolina, being listed as a joint owner on a bank account often allows withdrawals and bill payments from that specific account even without…
What happens to my inheritance if my relative’s care costs increase or the estate requires ongoing payments for my relative? – North Carolina Short Answer In North Carolina, an expected inheritance is not protected just because a family member hopes to receive it later. If an adult relative has been found incompetent and a guardian…
If my spouse is declared incompetent, how does the court decide who becomes the guardian when other relatives are trying to take over? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court appoints a guardian based on the ward’s best interest, even when family members disagree. The clerk considers any valid…
What kind of examples or documentation do I need to show the court that my relative is no longer competent? – North Carolina Short Answer In North Carolina, the court (through the Clerk of Superior Court) decides incompetency based on evidence that the adult lacks enough capacity to manage personal affairs or property, or to…
How does someone contest an existing guardianship, and what kind of evidence would they need to remove the current guardian? – North Carolina Short Answer In North Carolina, an existing guardianship is usually challenged by filing a “motion in the cause” in the same guardianship file with the Clerk of Superior Court. To remove the…
Can the family ask a court to appoint a guardian or conservator to replace the current caregiver managing everything? – North Carolina Short Answer Yes. In North Carolina, family members (and other interested people) can ask the Clerk of Superior Court to appoint a court-supervised guardian for an adult who is legally found to be…
How do I start a guardianship case for an older relative with dementia who is living in a nursing facility? – North Carolina Short Answer In North Carolina, starting an adult guardianship case usually begins by filing a verified petition with the Clerk of Superior Court to have the older relative (the “respondent”) adjudicated incompetent.…
