http://pochapskylaw.com/worth-readingBLOG RSSTue, 02 Apr 2024 18:36:11 GMTTue, 02 Apr 2024 18:36:11 GMThttp://pochapskylaw.com/worth-reading/interim-temporary-or-emergency-guardianshipInterim guardianship may also be called temporary or emergency guardianship. It exists for urgent circumstances that require immediate action. It is part of a regular guardianship petition—meaning you can’t apply for just temporary guardianship:  you must apply for permanent guardianship and ask that an interim guardian be appointed.    Let’s break the process down. First, a petition for guardianship is filed along with a motion for an interim guardian.  The guardianship petition isMon, 18 Nov 2024 19:07:29http://pochapskylaw.com/worth-reading/interim-temporary-or-emergency-guardianshiphttp://pochapskylaw.com/worth-reading/best-practices-for-drafting-medical-affidavits-for-incompetency-adult-guardianship-proceedingsBest Practices for Drafting Medical Affidavits for Incompetency/Adult Guardianship ProceedingsA medical provider’s affidavit is often the most important piece of evidence that the court will consider in incompetency/guardianship proceedings.  It is important that this be in affidavit form (signed before a notary) because when in affidavit form, it is holds similar weight to the provider testifying in person in court. The court will require the signed affidavit to be filed with the court, so ifMon, 18 Nov 2024 19:05:41http://pochapskylaw.com/worth-reading/best-practices-for-drafting-medical-affidavits-for-incompetency-adult-guardianship-proceedingshttp://pochapskylaw.com/worth-reading/guardian-of-the-estate-do-s-and-don-tsServing as guardian of the estate is not an easy job, but it can be made less stressful.  I know how bad it can be because a lot of folkswho have been appointed guardian of the estate call and ask me for help when they try to file the first accounting of the ward’s finances withthe court—often because the accounting has been rejected by the court.          In North Carolina, the guardian of the estate needs to file an inventory—which is the money and property the ward has on hand—as ofFri, 01 Nov 2024 21:50:32http://pochapskylaw.com/worth-reading/guardian-of-the-estate-do-s-and-don-tshttp://pochapskylaw.com/worth-reading/partitions-in-durham-county-are-not-boringWhat is a Partition?      A partition is nothing more than a way to end co-ownership of real estate.  You and a romantic partner bought a house together but then things fell apart.  Someone died and left their home to multiple family members, and no one really wants it now and one of you is stuck paying the taxes.  What to do?  Enter partitions and partition sales, which are two ways of accomplishing the end of joint ownership of real property.  Sorry: you can’t use partitions to separateFri, 09 Aug 2024 18:58:54http://pochapskylaw.com/worth-reading/partitions-in-durham-county-are-not-boringhttp://pochapskylaw.com/worth-reading/should-i-go-to-law-schoolThe answer is yes, no, or maybe.  Not really helpful, but true. Fear not, there is at least one answer that applies to you in your current situation, because at times, yes, no, and maybe could be the right answer.  Let’s delve into this.I am 62.  Some of you would say that’s old and at times, I would agree with you.  Ten years back, my 15 years in pharmaceutical sales came to an end because I didn’t want to move to a new city.  So, at age 52, I took the six month’s severance package that wasTue, 02 Apr 2024 18:40:26http://pochapskylaw.com/worth-reading/should-i-go-to-law-schoolhttp://pochapskylaw.com/worth-reading/d-i-y-guardianship-can-i-do-it-myselfThe short answer is that you may not need to hire an attorney to represent you in guardianship proceedings, but… (there’s always a but!)             First, let’s do a quick review of legal terms before we dig into the main question of doing it yourself.  First, if you file a petition to have a guardian appointed for someone, you are actually asking the court to adjudicate them incompetent. Guardianship proceedings are called incompetency proceedings.  For purposes of this article, I will referThu, 08 Feb 2024 22:24:35http://pochapskylaw.com/worth-reading/d-i-y-guardianship-can-i-do-it-myselfhttp://pochapskylaw.com/worth-reading/what-is-a-guardianship-or-incompetency-proceedingMany people learned what they know about guardianship from Britney Spears' guardianship saga.  But how does a guardianship happen?  For people over 18, guardianship (or a conservatorship in some states) comes about after a person has been declared legally incompetent by a court after an incompetency proceeding.  While we commonly refer to someone who does a job poorly as incompetent, the words incompetence and incompetency, when used in the context of guardianships, have specific legalThu, 30 Mar 2023 21:11:09http://pochapskylaw.com/worth-reading/what-is-a-guardianship-or-incompetency-proceedinghttp://pochapskylaw.com/worth-reading/in-guardianship-matters-a-cop-knocking-at-the-door-can-be-scaryIn North Carolina, when someone petitions for guardianship of a loved one (by having that person declared incompetent), there is no way around having the sheriff hand the petition and notice of hearing to that person.  Personal Service of process for guardianship proceedings is required in North Carolina (and most states), which means a deputy in full uniform with sidearm pulls up in a patrol car and knocks on the door.  The requirement of personal service is crucial when there's a chanceWed, 17 Jun 2020 21:59:51http://pochapskylaw.com/worth-reading/in-guardianship-matters-a-cop-knocking-at-the-door-can-be-scaryhttp://pochapskylaw.com/worth-reading/changes-to-how-the-respondent-is-served-in-adult-guardianship-mattersJust a heads up: for service of guardianship petitions in North Carolina, if the person being served is in a nursing facility or other place where access is restricted because of Covid-19, the Sheriff can make service without placing the petition in the respondent's hand. I've attached a link for the temporary work-around.  But....I have had a couple of emergency guardianship hearings postponed because the respondent was not served (because the deputy doesn't know), so it might be wise to attachWed, 17 Jun 2020 21:33:52http://pochapskylaw.com/worth-reading/changes-to-how-the-respondent-is-served-in-adult-guardianship-matters