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North Carolina Guardianship And Conservatorship Legal Questions

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8 legal questions have been posted about guardianship and conservatorship by real users in North Carolina. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include trusts and estates, powers of attorney, and charitable giving. All topics and other states can be accessed in the dropdowns below.
North Carolina Guardianship And Conservatorship Questions & Legal Answers
Do you have any North Carolina Guardianship And Conservatorship questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 8 previously answered North Carolina Guardianship And Conservatorship questions.
Guardianship and Conservatorship
North Carolina

Recent Legal Answers

how to I get power of attorney for a family member with Alzheimer's?

Answered 4 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
If your have guardianship of your mother's estate, you already have more power than she could grant you under a power of attorney -- if she had legal capacity to grant one.  Since a court has appointed you guardian, it is clear that she does not.
If your have guardianship of your mother's estate, you already have more power than she could grant you under a power of attorney -- if she had legal... Read More

How do you transfer a family member from a group home in NC to VA that has a guardian?

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
It appears that you are not the guardian.  The guardian decides where the person under guardianship should live.  If you would like to replace the guardian and have your daughter and the guardianship transferred to VA, contact a NC guardianship attorney.
It appears that you are not the guardian.  The guardian decides where the person under guardianship should live.  If you would like to... Read More

How can we obtain guardianship over my mentally ill mother?

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
The lawyer representing your brother is more familiar with the situation than any stranger on this listserv and more likely to be able to gie meaningful "tips."
The lawyer representing your brother is more familiar with the situation than any stranger on this listserv and more likely to be able to gie... Read More

Is a notarized letter enough for legal guardianship?

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
A guardianship can only be awarded by a court. However, in most states both parents (not just one) can sign a notarized Temporary Power of Attorney for Care of Our Minor Child allowing the person named to take the child to the doctor, register her in school, etc.
A guardianship can only be awarded by a court. However, in most states both parents (not just one) can sign a notarized Temporary Power of Attorney... Read More

How do I decide which way to go, POA or gaurdianship of a mentally ill sibling

Answered 5 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
You do not get to decide.  If your brother is mentally incompetent to manage his own finances, he almost certainly lacks legal capacity to appoint an agent under a Durable Power of Attorney.   If so, he needs to be placed under a guardianship by a court.  Ask the facility where he resides to ask a physician to complete the necessary medical evaluation and form (sometimes called a Physician's Certificate of Medical Examination) and hire an attorney to help you file an Application for Guardianship.  If your local probate court does not have a list, your state bar will.... Read More
You do not get to decide.  If your brother is mentally incompetent to manage his own finances, he almost certainly lacks legal capacity to... Read More

How did my ex husband get guardianship over our disabled 27 year old son without me knowing

Answered 5 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
In some states one parent can seek guardianship independent of the other:  divorced parents do not have to be co-guardian unless the divorce decree so provides.  However, a guardianship should not be awarded to one parent without the other signing a Waiver of Right to Appointment. In no state can a guardian restrict the person's access to the other parent or to other people unless that person has abused or exploited the person under guardianship in the past. Contact a local guardianship lawyer to address these errors.... Read More
In some states one parent can seek guardianship independent of the other:  divorced parents do not have to be co-guardian unless the divorce... Read More

Power of attorney for my child

Answered 6 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
If your adult daughter appoints you as her agent under a durable power of attorney, that does not take away her right to spend her money as she likes.  It only allows you, as agent, to also act and, in many states, requires you to report to her and sometimes to others. If she receives SSI, you might want to ask a physician to complete a form making you her representative payee. If she is a vet, you might want to look into becoming her VA fiduciary. You may also want to talk with Adult Protective Services or an elder and special needs attorney about possibilities in your state.   You can use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More
If your adult daughter appoints you as her agent under a durable power of attorney, that does not take away her right to spend her money as she... Read More

Is is feasible for us to pursue Guardianship for our father who has Alzheimer''s since we discovered our stepmother has been stealing?

Answered 14 years and 6 months ago by Marc David Melamed (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Your best tactic is to petition the probate court for guardianship and conservatorship over your father.  You will probably want to hire a lawyer as your step mother will probably contest such a petition.  A court ruling of conservatorship will negate the power of attorney which she holds today.... Read More
Your best tactic is to petition the probate court for guardianship and conservatorship over your father.  You will probably want to hire a... Read More
Guardianship and Conservatorship
North Carolina

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