Elder Law Report

Most people assume a caring family and a good doctor’s note will steer a loved one through a crisis. The hard truth in North Carolina: only a judge can declare incompetence, the evidence bar is high, and family conflict can put strangers in charge of the most personal decisions. We unpack the four biggest guardianship nightmares—thin medical proof, missing powers of attorney, contested petitions, and defaulting to third-party guardians—and show how to navigate each one with strategy, clarity, and compassion.We start with the legal spine of guardianship: the petition, the “clear, cogent, and convincing” standard, and why medical records and recent physician affidavits carry outsized weight. From there, we explain court-ordered multidisciplinary evaluations, the Guardian ad Litem’s independent role, and how to build a credible record when access to files is limited. Then we turn to prevention. Solid general durable and healthcare powers of attorney do more than name agents; they can eliminate the need for guard