In re N.H. (Lawyers Weekly No. 011-286-17, 22 pp.) (Ann Marie Calabria, J.) (Mark Davis, J., dissenting) (Chris Dillon, J., concurring) Appealed from Buncombe County District Court (Susan Dotson-Smith, J.) N.C. App. Holding: While there was no numerical figure placed ...

Tagged with: Guardianship

  In re C.S.L.B. (Lawyers Weekly No. 011-260-17, 8 pp.) (Philip Berger Jr., J.) Appealed from Orange County District Court (Joseph Moody Buckner, J.) N.C. App. Holding: Even though the trial court established guardianships for the respondent-mother’s children, the trial ...

Tagged with: Guardianship reunification

O’Neal v. O’Neal (Lawyers Weekly No. 011-199-17, 12 pp.) (Valerie Zachary, J.) Appealed from Currituck County Superior Court (Walter Godwin, J.) N.C. App. Holding: Defendant had her grandmother declared incompetent and became her guardian; accordingly, the power of attorney that ...

Tagged with: Guardianship incompetence

In re M.B. (Lawyers Weekly No. 011-147-17, 9 pp.) (Valerie Zachary, J.) Appealed from Durham County District Court (William Marsh III, J.) N.C. App. Holding: When a child is placed in the custody or guardianship of another person, the parent’s ...

Tagged with: Guardianship

In re Thompson (Lawyers Weekly No. 011-017-17, 17 pp.) (Douglas McCullough, J.) Appealed from Forsyth County Superior Court (Patrice Hinnant, J.) N.C. App. Holding: Failing to enter an order is a clerical error; therefore, the clerk of superior court could ...

Tagged with: Guardianship

In re C.M. The trial court’s meager findings, based on a hearing in which no evidence was taken, no exhibits were admitted, and no previous orders were judicially noticed, are insufficient to support the trial court’s decision to award guardianship to non-relatives and to cease further review in this matter.

Tagged with: Guardianship

In re A.Y. Even without the benefit of our decision in In re P.D.R. (Dec. 18, 2012), the trial court found that the respondent-mother “understands and appreciates the consequences of her decision to appear pro se and comprehends the nature of the proceedings.”

Tagged with: Guardianship

White v. Harold L. & Audree S. Mills Charitable Remainder Unitrust At the time the trial court entered summary judgment for defendants, named plaintiff Ray White no longer had the authority to sustain the present action because his ward had passed away. Although the trial court subsequently entered a consent order substituting the collector of the ward/decedent’s estate as plaintiff, we must vacate the summary judgment order against then-named plaintiff White and remand for the court’s consideration of any issues presented by the collector of the decedent’s estate.

Tagged with: Guardianship power of attorney trusts & estates

At the time the trial court entered summary judgment for defendants, named plaintiff Ray White no longer had the authority to sustain the present action because his ward had passed away. Although the trial court subsequently entered a consent order substituting the collector of the ward/decedent’s estate as plaintiff, we must vacate the summary judgment order against then-named plaintiff White and remand for the court’s consideration of any issues presented by the collector of the decedent’s estate.

Tagged with: Guardianship power of attorney trusts & estates