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Incompetent adults have the right to vote and the right to marry. Under some circumstances, an incompetent adult may be able to make a will. Powers of attorney executed after a person is adjudicated incompetent and while under a guardianship are not valid.

§ 35A-1241. (1) The guardian of the person is entitled to custody of the person of the guardian's ward and shall make provision for the ward's care, comfort, and maintenance, and shall, as appropriate to the ward's needs, arrange for the ward's training, education, employment, rehabilitation, or habilitation.

A power of attorney and a guardianship are tools that help someone act in your stead if you become incapacitated. With a power of attorney, you choose who you want to act for you. In a guardianship proceeding, the court chooses who will act as guardian.

First and foremost, the principal can override a POA at any time as long as they are of sound mind. The term ?sound mind? refers to the state of mind and memory a person has at the time in question. So, as principal, you could override a POA if you have sufficient mental capacity to understand what you are doing.

Filing the documents THERE IS A $30.00 FEE FOR SERVICE FROM THE SHERIFF'S DEPARTMENT. 1) After you have completed the forms, have them notarized (before coming to the courthouse) and make 2 copies. 2) Take these documents to the Clerk of Superior Court to be filed.

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