Category Archives: Guardianship Q&A Series

What are the alternatives to guardianship for protecting an adult from financial self-destruction without putting them in a court process? nc

What are the alternatives to guardianship for protecting an adult from financial self-destruction without putting them in a court process? – North Carolina Short Answer In North Carolina, the main alternatives to guardianship are voluntary tools that the adult chooses while they still have capacity—such as a durable financial power of attorney, a trust with…

If my adult child agrees now but later changes their mind, can they revoke the agreement and take back control of their money? nc

If my adult child agrees now but later changes their mind, can they revoke the agreement and take back control of their money? – North Carolina Short Answer Usually, yes—if the arrangement is based on the adult child’s voluntary consent (like a power of attorney or allowing someone to help manage accounts), North Carolina law…

Can I petition to be appointed guardian so I can make placement and medical decisions without taking on personal financial liability? NC

Can I petition to be appointed guardian so I can make placement and medical decisions without taking on personal financial liability? – North Carolina Short Answer Yes. In North Carolina, it is often possible to petition the Clerk of Superior Court to be appointed guardian of the person (rather than a general guardian) so placement…

How do I change a state-appointed guardianship to a temporary partial guardianship? nc

How do I change a state-appointed guardianship to a temporary partial guardianship? – North Carolina Short Answer In North Carolina, changing an existing guardianship usually means filing a petition or motion in the guardianship file with the Clerk of Superior Court asking the clerk to enter a new order that narrows the guardian’s powers (a…

Can I ask the court to limit what my guardian controls while keeping help in certain areas? nc

Can I ask the court to limit what my guardian controls while keeping help in certain areas? – North Carolina Short Answer Yes. In North Carolina, the Clerk of Superior Court can tailor a guardianship so it is limited to specific areas where help is still needed, while the ward keeps other rights. This is…

How does a guardianship process work when a hospital or facility says they will seek guardianship for an incapacitated patient? nc

How does a guardianship process work when a hospital or facility says they will seek guardianship for an incapacitated patient? – North Carolina Short Answer In North Carolina, a hospital or facility can start an adult guardianship by filing a verified petition with the Clerk of Superior Court to have the patient adjudicated incompetent and…

How do I ask the court to remove the current guardian and appoint a neutral third-party professional guardian? nc

How do I ask the court to remove the current guardian and appoint a neutral third-party professional guardian? – North Carolina Short Answer In North Carolina, an interested person can ask the Clerk of Superior Court (Estates/Guardianship) to remove a guardian and appoint a successor by filing a motion in the cause in the existing…

What can I do if the guardian says they are medically unable to serve? nc

What can I do if the guardian says they are medically unable to serve? – North Carolina Short Answer In North Carolina, a guardian who is medically unable to serve can ask the Clerk of Superior Court to accept a resignation and appoint a successor guardian. If the guardian’s health issues (or related problems) are…

What happens if an incapacitated adult under a limited guardianship is living unsafely, and the guardian claims they can’t force the person to accept help? nc

What happens if an incapacitated adult under a limited guardianship is living unsafely, and the guardian claims they can’t force the person to accept help? – North Carolina Short Answer In North Carolina, a limited guardianship means the guardian can act only within the powers the Clerk of Superior Court granted in the guardianship order.…

How can I get the court to require an accounting of how my parent’s benefit money is being used? nc

How can I get the court to require an accounting of how my parent’s benefit money is being used? – North Carolina Short Answer In North Carolina, a guardian who controls an incapacitated parent’s money generally must file an inventory and then file sworn annual accounts with the Clerk of Superior Court. If the guardian…