Guardianship - Bell Davis Pitt Attorneys & Counselors at Law

Estate Litigation & Guardianship

The Guardianship and Estate Litigation Blog is a resource for those interested in protecting or making legal decisions on behalf of someone else, whether through a power of attorney, a guardianship, or a trust. Our goal is to address issues and reflect on developments related to elder law, including abuse or misuse of authority granted under a power of attorney, a guardianship or a trust, as well as special needs disabilities. Whether you are caring for an aging parent, helping an ailing spouse, nurturing a special needs child, or concerned about someone who is, our aim is to provide helpful information about navigating a myriad of challenges.

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Guide to Guardianship in NC of Elderly Family Members

Find out how to keep your elderly family members safe, when it's time to seek guardianship and how to proceed.

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Frequently Asked Questions about North Carolina Guardianship

Jul 21, 2020

Caring for a family member can be challenging, but caring for an elderly parent comes with its own unique questions. In some cases, an elderly parent may no longer be able to care for themselves or manage their personal or financial affairs, even with assistance.Below are commonly asked guardianship questions and responses based on my 10+ years helping clients with guardianship matters. In our Guide to Guardianship in NC of Elderly Family Members, you’ll find more in-depth ...

When Should You Call an Attorney about your Guardianship Matter?

Apr 25, 2017

Navigating the guardianship process in North Carolina can be tricky and time consuming. Our article on Frequently Asked Questions about North Carolina Guardianship details common concerns about the guardianship process in North Carolina. Calling an attorney can be particularly helpful in the following circumstances:Defending Against A Determination of IncompetenceThe alleged incompetent person, against whom a guardianship is commenced, is commonly referred to as the Respondent. You ...

How to Seek Guardianship of an Elderly Family Member

Mar 28, 2017

If you’re concerned about an elderly family member’s well being, it may be time to seek guardianship. Guardianship can ensure your loved one is taken care of while acting in their best interests.When boiled down to its most basic parts, appointing a guardian for an elderly family member is a two-step process. First is the incompetence phase; second is selecting an appropriate guardian. During the proceeding, the person believed to be incompetent is referred to as “the ...

What Can I Do If Someone Is Taking Advantage of an Elderly Family Member?

Feb 12, 2017

Do you suspect a sibling, caregiver or other family member of taking advantage of someone you love? What remedies do you have if you suspect elder abuse or financial exploitation of an elderly person? Competent vs IncompetentIf the Loved One is incompetent, consider pursuing a guardianship over the Loved One to protect the Loved One.“Bad Actor”If the person taking advantage of the elderly person — referred to as the “Bad Actor” — is acting under a power ...

When Sibling Rivalry Leads to Guardianship Litigation over a Parent

Feb 08, 2017

“Would you two cut it out?!” “Why can’t you get along with your brother?” “Stop picking on your sister.” These are common parental refrains with young children, but what happens if adult children can’t get along when it comes to assisting with or making decisions related to the physical or financial wellbeing of an elderly parent? In that case, there is often a race to the court house, which can lead to a nasty court battle ...

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