How do I prove I have legal authority to act for my parent so I can handle their finances? – North Carolina Short Answer In North Carolina, the most common way to prove legal authority to manage a parent’s finances is to present Letters of Appointment issued by the Clerk of Superior Court naming the…
If a relative accuses me of fraud in a guardianship case, what should I do to protect myself and respond appropriately? – North Carolina Short Answer In North Carolina, a fraud accusation in a guardianship case should be treated as both a court problem and a documentation problem. The safest response is to stop informal…
If there is already a medical power of attorney, do I still need guardianship or conservatorship to manage finances and care decisions? – North Carolina Short Answer In North Carolina, a medical (health care) power of attorney can cover many health and placement decisions, but it does not automatically give authority over money, contracts, or…
How do I handle my disabled adult sibling’s inheritance if I’m only guardian of the person and not guardian of the estate? – North Carolina Short Answer In North Carolina, a guardian of the person generally cannot receive, hold, or manage an adult ward’s inheritance. The inheritance usually must be paid to a properly appointed…
Can the nursing facility give me medical records and care plan documents if I’m the next of kin but don’t have power of attorney? – North Carolina Short Answer Usually not. In North Carolina, a skilled nursing facility generally cannot release a resident’s medical records or detailed care plan documents to a “next of kin”…
Can a parent become guardian to manage an adult dependent’s SSI benefits and talk to Social Security about the case? – North Carolina Short Answer Yes. In North Carolina, a parent can ask the Clerk of Superior Court to appoint a guardian for an adult who cannot manage personal care or finances, and that guardianship…
What’s the difference between a healthcare power of attorney and guardianship, and why might a facility refuse to follow the power of attorney? – North Carolina Short Answer In North Carolina, a healthcare power of attorney (HCPOA) is a private document an adult signs to name an agent to make healthcare decisions only when the…
What happens after a guardianship petition is filed, including who gets notice and what the guardian ad litem does? – North Carolina Short Answer In North Carolina, after a guardianship case is filed for an adult, the Clerk of Superior Court typically appoints an attorney as a guardian ad litem (GAL) for the respondent unless…
What documents do I need to provide to support a general guardianship application? – North Carolina Short Answer In North Carolina, the core “documents” for a general guardianship are usually (1) the verified court filings that start the case and (2) supporting paperwork that proves identity, family/next-of-kin information, and a basic picture of the proposed…
Can more than one person serve as guardian, and what happens if family members disagree? – North Carolina Short Answer Yes. In North Carolina, the Clerk of Superior Court can appoint more than one guardian, and can also split duties so one person handles personal decisions and another handles financial decisions. If family members disagree…
