How do I challenge a prior court decision that reduced a full guardianship to a limited guardianship when the person’s condition has gotten worse? – North Carolina Short Answer In North Carolina, the practical way to challenge a prior order that narrowed a guardianship is usually to file a motion in the cause in the…
How can I protect my parent’s home from Medicaid recovery or nursing-home claims while they are in long-term care? – North Carolina Short Answer In North Carolina, a parent’s home is often not taken while the parent is alive, but it can still be exposed later through Medicaid estate recovery after death and, in some…
How does living in a memory care facility affect where the guardianship or conservatorship should be filed? – North Carolina Short Answer In North Carolina, living in a memory care facility can change (or clarify) the proper county for filing, but it does not automatically do so. For an incompetency/guardianship case, venue is generally proper…
How can I challenge an adult guardianship if I wasn’t given a fair chance to participate and the information presented was inaccurate? – North Carolina Short Answer In North Carolina, challenging an adult guardianship usually means acting quickly in the clerk of superior court file that created the guardianship. Depending on what went wrong, the…
What can I do to request a new evaluation of my parent’s capacity after they were declared incompetent during a hospital stay? – North Carolina Short Answer In North Carolina, a new look at a parent’s capacity usually happens through a motion to restore the ward to competency filed with the Clerk of Superior Court…
How do I ask the court to replace the current guardian and appoint me instead, so my parent can return home with a care plan? – North Carolina Short Answer In North Carolina, the request to replace a current guardian is usually made by filing a petition (often called a motion “in the cause”) with…
How can I get access to my relative’s Medicaid or benefits information once guardianship is approved? – North Carolina Short Answer In North Carolina, once a clerk of superior court appoints a guardian and issues “Letters of Guardianship,” the guardian generally uses those Letters (often a certified copy) to prove legal authority to speak with…
What options do I have if I believe my parent is being neglected or is unsafe in a nursing facility and I’m not the legal decision-maker right now? – North Carolina Short Answer In North Carolina, a family member who is not the current legal decision-maker can still take action if an older parent appears…
What happens if there was an incompetency finding when my child was a teenager—do we have to start the process over as an adult? – North Carolina Short Answer In North Carolina, it depends on what the earlier “incompetency finding” actually was and which court entered it. If the teen was formally adjudicated incompetent under…
What can I bring to court to show I’m using my spouse’s benefit payments appropriately to cover household bills and keep housing stable? – North Carolina Short Answer In North Carolina, the most persuasive way to show proper use of a spouse’s benefit payments is clear, organized financial proof that ties each deposit to necessary…
