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In order to become a guardian, you must complete an application with the Clerk of the North Carolina Superior Court in the county of the childs residence. There are also court costs and fees to be paid.
Guardianship is a legal relationship in which a person(s) or agency (the guardian) is appointed by the court to make decisions and act on behalf of a person who does not have adequate capacity to make such decisions involving the management of personal affairs, property, or both.
Rights as Power of Attorney in North Carolina Financially, you can authorize an agent to sign paychecks, withdraw money, file tax returns, buy and sell property such as real estate or automobiles, purchase insurance, manage benefits, make decisions about stocks, and hire professionals for assistance.
Even if a guardian is appointed, the Health Care Power of Attorney still takes precedence in granting the authority to act as an individuals health care agent. Only an Order of the Clerk of Court can suspend the Health Care Power of Attorney in favor of the guardian. N.C. Gen.
You can also confirm that a copy of your LPA is genuine by docHubing it, if youre still able to make your own decisions. You or your attorney can use the certified copy to register your LPA if you do not have the original document.
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You must file a complete petition for guardianship with the Clerk of the Superior Court. Immediately following filing this petition, you must properly serve the allegedly incompetent adult, otherwise known as the respondent. You may also need to serve the respondents closest family members.
Unless there is a court order, a guardian cannot: Pay him or herself or his or her lawyer with the estates funds; Give away any part of the estate; Borrow money from the estate; or. Spend the estates money.
A childs parents may consent to guardianship by signing paperwork stating that they agree to have another person appointed as a guardian for their child. A parent may agree to guardianship in advance by naming a person they want to care for their child if something happens to them in estate planning paperwork.
Terms of a custody agreement can also define other aspects of care, such as medical and education expenses and other financial obligations as well as shared living arrangements. Legal guardianship is what a court may grant someone other than a biological parent. It would give an adult the right to care for a minor.
​You may file your power of attorney document with the Register of Deeds office. You will need to present the original docHubd document in person or through the mail. We accept cash, check or money order for the payment.

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