Do we have to file for guardianship if capacity is uncertain, and what does that process involve from start to finish? – North Carolina Short Answer In North Carolina, a guardianship case is usually filed only if an adult cannot understand decisions well enough to manage essential personal, housing, or financial matters, and less-restrictive options…
How can I get legal authority to handle a parent’s lease if they don’t fully understand a power of attorney? – North Carolina Short Answer In North Carolina, if a parent cannot understand and sign a power of attorney, the main options to handle a lease are (1) a limited guardianship or (2) a court-ordered…
If a friend already has guardianship, can that guardian sign housing or property paperwork and help us with the lease? – North Carolina Short Answer Under North Carolina law, a guardian can usually sign housing or lease paperwork only if that person has authority over the ward’s property (as a general guardian or guardian of…
What happens if the person has good and bad days with memory or awareness—can a power of attorney still be signed and be valid? – North Carolina Short Answer Under North Carolina law, a power of attorney can be validly signed on a “good day” if, at the time of signing, the person understands in…
Can I manage my sibling’s finances as guardian even if I cannot contribute my own funds, and how is that different from being a representative payee? – North Carolina Short Answer Under North Carolina law, a guardian of the estate manages the ward’s money and property but is not required to spend personal funds on…
Do I need to notify or get consent from other siblings before the court will appoint me, and what if someone objects? – North Carolina Short Answer In North Carolina adult guardianship cases, a sibling does not have to obtain written consent from other siblings to be appointed guardian, but the law does require formal…
How can I be appointed guardian of both the person and the estate for my adult sibling who is in a care facility with mental health issues? – North Carolina Short Answer In North Carolina, a sibling can ask the clerk of superior court to be appointed guardian of the person and of the estate…
What records or statements do I need from doctors, the facility, and social workers to support a new guardianship filing? – North Carolina Short Answer For a new adult guardianship case in North Carolina, the clerk of superior court will expect clear, recent evidence of the respondent’s mental health needs, functioning, and finances. Strong support…
What happens if there was a prior guardianship in another county with a different sibling as guardian—do we transfer that case or start a new one where my sibling lives now? – North Carolina Short Answer Under North Carolina law, an existing adult guardianship normally stays with the original county and can be transferred to…
Can I be allowed to take my relative out of a care facility for short outings if I’m not the current guardian? – North Carolina Short Answer Under North Carolina law, a non-guardian family member generally cannot demand authority to take an adult in a care facility off-site, because the guardian of the person controls…