How can I change an existing adult guardianship so a family member, not the county, is appointed guardian or co‑guardian? – North Carolina Short Answer Under North Carolina law, an interested person can ask the clerk of superior court in the county where the guardianship is filed to change the current guardian from the county…
How do I get access to my relative’s medical records and regular updates when a county guardian controls decisions? – North Carolina Short Answer In North Carolina, when a county guardian (usually a disinterested public agent) is guardian of the person, that guardian controls medical decisions and access to confidential records unless the court orders…
If I become guardian, will I be personally responsible for paying the facility or medical costs, and what duties would I take on? – North Carolina Short Answer Under North Carolina law, a guardian is generally not personally responsible for a ward’s facility bills or medical costs; those are paid from the ward’s own income,…
What proof helps show the court that I’m involved and suitable for guardianship without moving my relative out of the facility? – North Carolina Short Answer In North Carolina, the clerk of superior court looks for practical, real-world proof that a proposed or additional guardian is actively involved and can act in the ward’s best…
What ongoing duties, reports, and accountings will I have after I’m appointed? – North Carolina Short Answer Under North Carolina law, a guardian’s ongoing duties include day-to-day care or financial management for the ward, regular reporting to the Clerk of Superior Court, and periodic accountings of money and property. Guardians of the person usually must…
What ongoing duties, reports, and accountings will I have after I’m appointed? – North Carolina Short Answer In North Carolina, a guardian’s reporting duties depend on the type of guardianship. A guardian of the estate (and a general guardian) must file an inventory within three months of appointment and submit annual accountings with supporting documents.…
Can I petition a court to appoint me or another family member as guardian if the POA is misusing authority? – North Carolina Short Answer Yes. In North Carolina, an interested person may file a petition with the Clerk of Superior Court to determine incapacity and request appointment of a guardian if a power of…
If I have stable housing and am managing well, will the court still approve a guardianship or consider ending it instead? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court only approves adult guardianship if there is strong evidence the person cannot manage essential decisions or affairs. If the person has…
How can I reinstate guardianship for myself after my previous guardian resigned? – North Carolina Short Answer In North Carolina, if a guardian resigns, the Clerk of Superior Court can appoint a successor guardian in the same guardianship case without re-doing the incompetency adjudication, unless the court has already restored competency. The ward, a parent,…
What proof do I need to provide to show the current agent is failing to care for my parent? – North Carolina Short Answer In North Carolina, show concrete, dated evidence that the agent under a power of attorney is not acting in the parent’s best interests or within the authority granted. Typical proof includes…