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…
How do I start the process to become the legal guardian of my disabled child? – North Carolina Short Answer In North Carolina, the process usually starts by filing the correct guardianship paperwork with the Clerk of Superior Court in the child’s county. The court will require notice to certain family members and will decide…
What happens if the person under guardianship has services, benefits, or medical providers that need to change to the new state? – North Carolina Short Answer When an adult under guardianship moves across state lines, services, benefits, and medical care often cannot simply “follow” automatically. Under North Carolina law, the court looks closely at whether…
How can I modify an existing guardianship so I can become the guardian? – North Carolina Short Answer In North Carolina, an existing adult guardianship can usually be changed by filing a “motion in the cause” in the same county where the guardianship is already docketed. The motion asks the Clerk of Superior Court (who…
What paperwork and court steps are required to get guardianship of a minor? – North Carolina Short Answer In North Carolina, a person usually starts a minor guardianship case by filing an application with the Clerk of Superior Court in the county where the minor lives. The application must include specific information about the child,…
Can I get a court order to temporarily stop the agent from financial decisions while the dispute is investigated? – North Carolina Short Answer Yes. In North Carolina, the Clerk of Superior Court can enter a temporary order to protect an older adult’s money and property while an incompetency/guardianship case is pending, including appointing an…