North Carolina Guardianships: Protecting Those Who Cannot Protect Themselves
When an adult is no longer able to make safe or sound decisions about their own person or finances due to a disability or cognitive decline, it may be necessary for a court to appoint a guardian. A guardianship is a legal relationship that gives a responsible individual (the guardian) the authority to make decisions for an incapacitated adult (the ward).
This is a profound responsibility and a significant legal step. At W.G. Alexander & Associates, we provide compassionate legal counsel to families across North Carolina who are considering guardianship for a loved one. We handle these sensitive matters with the dignity and respect they deserve.
Understanding the Types of Guardianship in North Carolina
The court can appoint a guardian to handle different aspects of a person’s life, depending on their specific needs.
Guardian of the Person
This type of guardian is responsible for the ward’s personal and medical decisions. This includes deciding where the ward will live, consenting to medical treatments, and ensuring their daily needs for safety and care are met.
Guardian of the Estate
This guardian is responsible for managing the ward’s financial affairs. Their duties include managing bank accounts, paying bills, protecting property and investments, and making financial decisions in the ward’s best interest.
General Guardian
A General Guardian is an individual appointed by the court to serve as both Guardian of the Person and Guardian of the Estate. This is a common appointment that gives one person comprehensive authority to manage all of the ward’s personal, medical, and financial decisions.
The Guardianship Process in North Carolina
Obtaining a guardianship is a formal court process designed to protect the rights of the individual in question. The steps generally include:
- Filing a Petition: A family member or other interested party files a petition with the Clerk of Superior Court, alleging that the individual is incompetent and in need of a guardian.
- Medical Examination: The court typically requires reports from physicians or psychologists to evaluate the person’s mental and physical capacity.
- Appointment of a Guardian Ad Litem: The court appoints an independent attorney (a Guardian Ad Litem) to represent the interests of the person who is the subject of the petition.
- Hearing: A hearing is held where the Clerk of Court hears evidence and determines whether the person is legally incompetent and if a guardian is necessary.
- Appointment and Oath: If guardianship is granted, the court appoints the guardian, who must then take an oath and may be required to post a bond.
Compassionate Guidance for a Difficult Decision
“Pursuing guardianship is an act of love and protection. Our goal is to guide you through the legal system efficiently and with minimal stress, so you can focus on providing the best care for your family member.” Bill Alexander, Attorney at Law
We understand that the decision to seek guardianship is never easy. Our team is here to help you understand if it is the right option for your situation and to represent you throughout the entire court process.
Frequently Asked Questions
What is the difference between guardianship and a power of attorney?
A power of attorney is a document you sign while you are still competent to appoint someone to act on your behalf. Guardianship is a court-ordered process that is only used when someone has already lost the capacity to make their own decisions and did not previously sign a power of attorney.
Can guardianship be avoided?
Yes. The best way to avoid the need for a court-ordered guardianship is through proactive estate planning, specifically by executing durable Financial and Health Care Powers of Attorney while you are still competent.
Do You Have Questions About Guardianship?
If you are concerned about a loved one’s ability to manage their own affairs, contact us today. We can help you explore your options and determine the best path forward.
From our Raleigh office, we serve families throughout North Carolina. Call us today to schedule a consultation.