Page 6 of 14
- All articles
- Probate Q&A Series
- Partition Action Q&A Series
- Estate Planning Q&A Series
- Real Estate Q&A Series
- Guardianship Q&A Series
- Surplus Funds Q&A Series
- Family Law Q&A Series
- Wrongful Death
- Probate Administration
- AOC Forms
Can I pursue both a wrongful death claim and a claim for abuse of power of attorney in the same situation? – NC
Can I pursue both a wrongful death claim and a claim for abuse of power of attorney in the same situation? – NC Short Answer Yes, in North Carolina, both claims may arise from the same overall situation, but they are not the same claim and they usually address different harm. A wrongful death claim…
Read moreCan I sue someone for abusing power of attorney authority over another person? – NC
Can I sue someone for abusing power of attorney authority over another person? – NC Short Answer Possibly, but in North Carolina the right claim depends on who was harmed and whether the person has died. If a power of attorney agent misused authority, acted outside the document, or kept acting after the authority ended,…
Read moreHow do I prove that someone with power of attorney misused their authority and caused harm? NC
How do I prove that someone with power of attorney misused their authority and caused harm? – NC Short Answer In North Carolina, proving misuse of a power of attorney usually means showing three things: the agent had limited authority, the agent acted outside that authority or after it ended, and that conduct caused measurable…
Read moreCan a wrongful death case be brought if medical providers ended life-sustaining care while the patient was still conscious? – NC
Can a wrongful death case be brought if medical providers ended life-sustaining care while the patient was still conscious? – NC Short Answer Yes, possibly, but not just because life-sustaining care was stopped. In North Carolina, a wrongful death claim may exist if medical providers withdrew life-prolonging measures without meeting the legal requirements for a…
Read moreWhat happens if a power of attorney keeps acting after their authority should have ended? – NC
What happens if a power of attorney keeps acting after their authority should have ended? – NC Short Answer In North Carolina, a person acting under a power of attorney can lose authority when the principal dies, revokes the document, regains decision-making capacity in some health-care settings, or when the document itself limits when the…
Read moreHow do I prove neglect or abuse in a nursing home after a parent passes away? NC
How do I prove neglect or abuse in a nursing home after a parent passes away? – NC Short Answer In North Carolina, proving nursing home neglect or abuse after a parent dies usually requires more than suspicion. The claim must connect specific failures in care or mistreatment to the parent’s injuries and death through…
Read moreWhat happens if a nursing home could not properly care for my parent’s medical needs? NC
What happens if a nursing home could not properly care for my parent’s medical needs? – NC Short Answer In North Carolina, a nursing home’s failure to meet a resident’s medical needs can lead to a civil wrongful death claim if that failure caused or contributed to the parent’s death. The case often turns on…
Read moreCan a case include both nursing home neglect and financial abuse of an elderly parent? NC
Can a case include both nursing home neglect and financial abuse of an elderly parent? – NC Short Answer Yes. In North Carolina, the same matter can involve both nursing home neglect and financial abuse if the facts support each claim. A death tied to poor care may support a wrongful death case, while misuse…
Read moreCan I bring a wrongful death case if my parent died after neglect in a nursing home? NC
Can I bring a wrongful death case if my parent died after neglect in a nursing home? – NC Short Answer Yes, possibly. Under North Carolina law, a wrongful death claim may be brought when a person dies because of another party’s wrongful act, neglect, or default, but the claim must be filed by the…
Read moreQuestions about your situation?
Articles are a starting point, not legal advice. Talk through the specifics of your case with a North Carolina attorney — the case evaluation is always free.























