Can a guardianship block my sibling’s partner from marrying them or taking out insurance policies? – North Carolina Short Answer Under North Carolina law, a court can appoint a guardian and limit an adult’s right to make certain decisions, including marriage and financial contracts, if the person lacks capacity. A marriage entered into by someone…
What happens if a sibling objects to my guardianship petition? – North Carolina Short Answer In North Carolina, a sibling’s objection turns your guardianship case into a contested matter before the Clerk of Superior Court. The Clerk will hold a hearing, ensure required notice goes to the respondent and next of kin, and decide who…
How can I appeal a guardianship decision in Goldsboro? – North Carolina Short Answer In North Carolina, you can appeal a guardianship decision made by the Clerk of Superior Court in Wayne County (Goldsboro) by filing a written Notice of Appeal. If you are challenging the incompetency adjudication, the appeal goes to a Superior Court…
How can I manage my parent’s finances and medical care while keeping siblings informed and involved? – North Carolina Short Answer In North Carolina, if your parent still understands and can sign, the fastest path is to set up financial and health care powers of attorney and HIPAA releases. If your parent cannot consent, you…
What are the costs and timeline differences between setting up a power of attorney versus a guardianship? – North Carolina Short Answer In North Carolina, a power of attorney (POA) is usually faster and less expensive because it is a private document signed (and for financial POAs, notarized) without court involvement. Guardianship requires a court…
What steps can I take to stop my co-agent from spending my parent’s money on personal expenses? – North Carolina Short Answer In North Carolina, you can file a petition with the Clerk of Superior Court to compel an accounting from the agent, require proof of every expenditure, and ask to limit, suspend, or remove…
How can I remove my sibling as primary healthcare agent under my parent’s power of attorney? – North Carolina Short Answer In North Carolina, you cannot directly “remove” a health care agent unless the parent (the principal) has capacity to revoke and sign a new health care power of attorney. If the parent lacks capacity,…
What legal process allows me to get a court order to require a home health aide in my parent’s home? – North Carolina Short Answer In North Carolina, you typically obtain this relief through a guardianship proceeding before the Clerk of Superior Court. You ask the court to declare your parent incompetent and appoint a…
How do I enforce my parent’s power of attorney across two jurisdictions? – North Carolina Short Answer North Carolina generally honors a power of attorney that was validly executed in another state and gives you court tools to make institutions and co-agents follow the document. If a relative misuses funds or refuses needed care, you…
Can I use a limited guardianship order instead of reopening the entire estate to sell the house? – North Carolina Short Answer Often, yes. In North Carolina, you usually do not need to reopen a closed estate to sell real estate that already passed to the heirs. If a minor owns a share, the court…