Guardianship And Financial Control

Summary

In North Carolina, if you believe your fathers decisions are being unfairly influenced due to dementia, you can seek guardianship or power of attorney. This legal authority allows you to make decisions on his behalf. To pursue guardianship, file a petition with the Clerk of Superior Court, provide a medical evaluation, and attend a court hearing. If granted, you can oversee his financial matters, but your mother may still access joint funds. A court order may be needed to limit her access if her spending is not in your fathers best interest. Consulting a lawyer is advisable for specific guidance.

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To pursue guardianship in North Carolina, here are the general steps:
- File a Petition: Submit a petition for guardianship to the Clerk of Superior Court in the county where your father resides.
- Medical Evaluation: Provide a medical evaluation report from a physician detailing your father's condition.
- Hearing: Attend a court hearing where the judge will assess the evidence and determine if guardianship is necessary.
- Guardian Appointment: If approved, you will be appointed as the guardian and have legal authority to make decisions for your father.
Do you have any specific questions about these steps?
if i have guardianship over my father can my mother continue to spend his money--which is jointly theirs--freely?
If you have guardianship over your father, you generally have the authority to oversee his financial matters. However, because the funds are jointly theirs, your mother may still have rights to access and spend the money. You might need to seek a court order to limit her access if her spending is not in your father's best interest. Consulting with a lawyer would be beneficial for specific steps in your situation.