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64 guides and articles on NC guardianship, power of attorney, care transitions, Medicaid planning, and blended family conflict — all in one place.
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Less Restrictive Alternatives in NC Guardianship Cases
Since January 1, 2024, a North Carolina court cannot declare an adult incompetent without deciding that nothing less restrictive would work. Two and a half years on, there is still no appellate decision interpreting the requirement and no place for it on the clerk's order form. A full treatment of what the law says, what it leaves open, and how to answer Items 6 and 7 of the AOC-SP-200.
Opens with a plain-language summary for families. The legal analysis follows.
Read the articleGuardianshipCourt ProcessForms & FilingCapacity & IncompetenceGuardian ad Litem
Guardianship
Guardianship in North Carolina: A Complete Guide for FamiliesGuardianshipCourt Process"Foreseeable Harm" Under NC's Guardianship StatuteGuardianshipEmergency"Immediate and Irreparable Harm" Under NC LawGuardianshipEmergencyAudio/Video Recordings as Evidence in NC GuardianshipGuardianshipEvidence & RecordsCourt ProcessCan a Caregiver Restrict Your Access to a Parent in NC?GuardianshipFamily ConflictCaregiversCan You Replace a Guardian ad Litem in NC?GuardianshipGuardian ad LitemCourt ProcessCan You Use Recordings in a NC Guardianship Case?GuardianshipEvidence & RecordsCapacity vs. Incompetence: The Legal Difference in NCGuardianshipCapacity & IncompetenceCaring for Advanced Parkinson's Disease at Home in NCGuardianshipCaregiversMedical DecisionsCompelling Attendance at an NC Guardianship HearingGuardianshipEmergencyCourt ProcessCompleting NC Form AOC-SP-207: Proof of ServiceGuardianshipForms & FilingContacting the Guardian ad Litem in an NC CaseGuardianshipGuardian ad LitemDo NC Assisted Living Facilities Need Care Plans?GuardianshipFacilitiesCare TransitionsFamily Settlement Agreements in NC Guardianship CasesGuardianshipFamily ConflictCourt ProcessGAL Competency Recommendations: Are They Final?GuardianshipGuardian ad LitemGuardianship or POA for Parkinson's Patients in NCGuardianshipPower of AttorneyCapacity & IncompetenceMedical DecisionsHow to Complete AOC-SP-200: A Plain-Language Field GuideGuardianshipForms & FilingHow to File for Emergency Guardianship in NCGuardianshipEmergencyCourt ProcessForms & FilingHow to Serve Notice After Filing for Guardianship in NCGuardianshipForms & FilingCourt ProcessHow to Subpoena Records From a Care Facility in NCGuardianshipEvidence & RecordsFacilitiesLimited Guardianship for Physical Incapacity in NCGuardianshipCapacity & IncompetenceNC Guardianship Forms: A Plain-Language GuideGuardianshipForms & FilingOrganizing Evidence for a NC Guardianship CaseGuardianshipEvidence & RecordsPhysical Disability vs. Mental Incapacity in NCGuardianshipCapacity & IncompetenceRecording a Hired Caregiver Without Consent in NCGuardianshipCaregiversEvidence & RecordsRecovering Attorney's Fees in a NC Guardianship CaseGuardianshipCosts & FeesCourt ProcessRelief Available at a NC Interim Guardianship HearingGuardianshipEmergencyCourt ProcessRemoving a POA Agent Without Filing for GuardianshipGuardianshipPower of AttorneyAgent DutiesSubpoenaing Witnesses for a NC Guardianship HearingGuardianshipEvidence & RecordsCourt ProcessUsing a 50B Protective Order for an Elderly ParentGuardianshipAPS & AbuseCourt ProcessWhat Counts as Emotional Abuse of an Elderly Adult?GuardianshipAPS & AbuseWhat Happens at a NC Interim Guardian HearingGuardianshipEmergencyCourt ProcessWhat Is Limited Guardianship in North Carolina?GuardianshipCapacity & IncompetenceCourt ProcessWhen Does APS Get Involved? A Guide for NC FamiliesGuardianshipAPS & AbuseWriting an Emergency Affidavit for NC GuardianshipGuardianshipEmergencyForms & Filing
Power of Attorney
Power of Attorney in North Carolina: A Complete GuidePower of AttorneyAgent DutiesCan a Doctor Share Your Parent's Medical Records?Power of AttorneyMedical DecisionsGetting NCDHHS and DSS to Recognize Your POAPower of AttorneyForms & FilingHow to Remove a Power of Attorney Agent in NCPower of AttorneyAgent DutiesCourt ProcessNC Case Law on Invalidating a Power of AttorneyPower of AttorneyCase LawNegotiating With a POA Agent in NC Before Going to CourtPower of AttorneyFamily ConflictCourt ProcessNorth Carolina Case Law on POA Agents and Fiduciary DutyPower of AttorneyCase LawAgent DutiesPOA Agent Conflicts of Interest Under NC LawPower of AttorneyAgent DutiesRed Flags a POA Agent Is Misusing Their AuthorityPower of AttorneyAgent DutiesRevoking a Power of Attorney When You Have CapacityPower of AttorneyCapacity & IncompetenceSpouse vs. Non-Spouse POA Agents Under NC LawPower of AttorneyFamily ConflictSuccessor POA vs. Guardianship: Which Comes First?Power of AttorneyGuardianshipAgent DutiesSuccessor Power of Attorney in North CarolinaPower of AttorneyAgent DutiesWhat "Bad Faith" Looks Like for a NC POA AgentPower of AttorneyAgent DutiesWhat a POA Agent Must (and Can't) Do in NCPower of AttorneyAgent DutiesWhat Is a Successor POA and When Do They Take Over?Power of AttorneyAgent DutiesWhen a Court Can Override a Spouse's POA in NCPower of AttorneyCourt ProcessFamily Conflict
Care Transitions
Care Transitions in North Carolina: A Guide for FamiliesCare TransitionsFacilitiesHiring Private Caregivers in NC: Liability RisksCare TransitionsCaregiversHospice Medical Decisions for NC POA AgentsCare TransitionsPower of AttorneyMedical DecisionsNC Assisted Living Regulations: A DHSR GuideCare TransitionsFacilitiesSkilled Nursing Costs in NC: What Medicaid CoversCare TransitionsCosts & FeesMedicaid PlanningWhen Assisted Living Recommends Skilled NursingCare TransitionsFacilities
Medicaid Planning
Blended Family
Blended Families & Elder Care in North Carolina: What to KnowBlended FamilyFamily ConflictDo Stepchildren Inherit Anything in NC If There's No Will?Blended FamilyFamily ConflictCosts & FeesStepparent vs. Biological Children: Who Has Legal Authority Over Your Parent's Care in NC?Blended FamilyFamily ConflictPower of AttorneyGuardianshipMedical DecisionsWhen a Stepparent Won't Let You See Your Father: Your Legal Options in NCBlended FamilyFamily ConflictAPS & AbuseFacilities