North Carolina Motion in the Cause to Modify Guardianship

State:
North Carolina
Control #:
NC-E-415
Format:
PDF
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Description North Carolina Guardianship Forms

Motion in the Cause to Modify Guardianship: This is an official form from the North Carolina Administration of the Courts (AOC), which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.

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FAQ

When you file your motion, the court clerk will insert the date, time, and place of the hearing on your motion. You must then serve (mail) a copy of your filed motion (including all exhibits and the date, time, and place of hearing) to all other parties in the case.

A guardian could also request to terminate a guardianship by filing a petition with the court to resign their position as guardian. Again, to terminate a guardianship in this way, the guardian must file a petition with the court, announcing their intent to resign.

Ask the Court to Undo the Guardianship & Start Over. A person can file a Motion to Set Aside the Order if the guardianship order is wrong or unjust. Ask the Court to Remove and Replace the Guardian. Ask the Court to End the Guardianship.

A motion, in its simplest form is a list of requests that you are asking the Court grant on your behalf. You, or your attorney on your behalf, will file a Notice of Motion which includes a list of requests for the court to rule upon.

A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins.

Filing the Documents Take the original and two (2) copies of the Motion to the Civil Division of the Clerk of Superior Court's office in the county where your case is filed. The Clerk will stamp each Motion filed, place the original in the Court file and return two (2) copies of the filed document to you.

Print a temporary guardianship form. Fill it out completely. Have the temporary guardianship form notarized. This essential step assures anyone receiving the form (such as medical personnel) that it is indeed your signature on the form.

Print a temporary guardianship form. Fill it out completely. Have the temporary guardianship form notarized. This essential step assures anyone receiving the form (such as medical personnel) that it is indeed your signature on the form.

You don't need an attorney to file a Motion for Contempt, but it is a good idea to have one. If you decide to represent yourself, you can go to the courthouse that made the order and ask for help at the Court Service Center.

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North Carolina Motion in the Cause to Modify Guardianship