What happens to my relative’s lease and personal property if rent isn’t paid while they’re in the hospital? – North Carolina Short Answer In North Carolina, a hospital stay does not pause a residential lease. If rent is not paid, the landlord can usually start an eviction case (called “summary ejectment”) and, after a court…
Can a guardian legally block all family contact and video calls, and how can I get visitation or communication restored? – North Carolina Short Answer In North Carolina, a guardian may be able to limit contact and video calls if the restriction is tied to the ward’s safety, health, or best interests, or if a…
What rights and responsibilities will I have once I’m appointed guardian, and what decisions can I legally make? – North Carolina Short Answer In North Carolina, a guardian’s rights and responsibilities depend on what type of guardian the court appoints: guardian of the person, guardian of the estate, or a general guardian (both). A guardian…
How do I become the legal guardian of my minor sibling after our parent dies? – North Carolina Short Answer In North Carolina, an adult sibling can ask to be appointed as a minor’s guardian by filing a guardianship application with the Clerk of Superior Court in the county where the minor lives. The clerk…
How can I get legal authority to access my adult child’s property if they’re incapacitated and can’t sign anything? – North Carolina Short Answer In North Carolina, a parent usually needs a court order to legally access an incapacitated adult child’s property when the child cannot sign a release or authorization. The most common route…
Can I move or secure my adult child’s property without a power of attorney or guardianship? – North Carolina Short Answer Usually not, at least not in any formal or legally protected way. In North Carolina, once a child is an adult, a parent does not automatically have authority to take possession of the adult…
How do I transfer an existing out-of-state guardianship to the state where my ward now lives? – North Carolina Short Answer In North Carolina, an out-of-state guardian usually completes a “transfer and acceptance” process under Chapter 35B so the North Carolina clerk of superior court can accept the case and issue North Carolina letters of…
What happens at the first guardianship hearing, and will my child need to attend? – North Carolina Short Answer In North Carolina, the first guardianship hearing is usually held before the Clerk of Superior Court and focuses on whether a guardianship is needed, what type of guardianship fits, and who should serve. The clerk can…
What responsibilities and ongoing reporting requirements will I have once I’m appointed the guardian? – North Carolina Short Answer In North Carolina, a guardian must follow the clerk of superior court’s appointment order and keep the court informed through required filings. The exact responsibilities depend on whether the appointment is as guardian of the person,…
Do I need a new hearing in the new state even if the original state already approved the transfer? – North Carolina Short Answer Often, yes. Even if the original state issued a provisional order approving the transfer, North Carolina typically still requires a separate North Carolina court filing to accept the guardianship, and the…