Gastonia, NC asked in Elder Law for North Carolina

Q: When, how or who can force me from my home if i become unable to physically care for myself?

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1 Lawyer Answer
Rachel Lea Hunter
Rachel Lea Hunter
  • Estate Planning Lawyer
  • Cary, NC
  • Licensed in North Carolina

A: I cannot answer the question of when other than the time when you are unable to care for your person or financial affairs.

As to how and who, someone - either a relative (most likely)or perhaps the state/county aging/mental health department (if there is no one else) could file a guardianship petition if it was believed that you were incompetent to handle your affairs. You would be served with a copy of the guardianship petition and a lawyer (called a guardian ad litem) would be appointed to represent you. It would then be up to the clerk/court to conduct a hearing on the petition. The person filing it would have to present evidence of your incapacity. You could present evidence if you are able. The clerk/court would then decide whether a guardian of the person and/or property needs appointed.

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