Guardianships in North Carolina
When an adult can no longer make safe or sound decisions about their personal care or finances, or those of a child, because of disability or cognitive decline, a court-appointed guardianship may be necessary.
Guardianship is a legal relationship. It gives a responsible person, called the guardian, authority to make decisions for an incapacitated adult, called the ward.
This is a profound responsibility and a significant legal step. Family and friends can also contest guardianship if they disagree about capacity, the need for a guardian, or who should serve in that role.
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
A Guardian of the Person makes personal and medical decisions for the ward. This may include deciding where the ward will live, consenting to medical treatment, and helping make sure the ward’s daily needs for safety and care are met.
Guardian of the Estate
A Guardian of the Estate manages the ward’s financial affairs. This may include handling bank accounts, paying bills, protecting property and investments, and making financial decisions in the ward’s best interest.
General Guardian
A General Guardian serves as both Guardian of the Person and Guardian of the Estate. This appointment gives one person authority to manage 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.
“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
Compassionate Guidance for a Difficult Decision
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.
If you are concerned about a loved one’s ability to manage their own affairs, contact us. We can help you explore your options and determine the best path forward.
FAQ: Guardianships in North Carolina
A guardianship is a legal relationship that allows a responsible person to make decisions for an incapacitated adult who can no longer safely make decisions about their own person or finances, or those of a minor in their care.
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.
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.
Guardianship may be necessary when an adult is unable to make safe or sound decisions because of disability or cognitive decline. If the person in question does not have a sufficient Power of Attorney in place, or does not have a Power of Attorney in place at all, guardianship allows for someone to legally manage their affairs.
Yes. Guardianship is a formal court process. The Clerk of Superior Court hears the evidence and decides whether the person is legally incompetent and whether a guardian is necessary.
