North Carolina Guardianship
This article, provided by the North Carolina estate planning attorneys at TrustCounsel, offers information about North Carolina guardianship laws and the qualifications of guardians and wards.
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North Carolina Guardianship A guardianship is a legal relationship between a person who has been declared legally incompetent (ward) and a capable adult (guardian). A person may be declared incompetent if he or she is determined not to have the physical or mental abilities to make decisions or care for himself or herself. They are evaluated by both medical and mental health professionals. If a person is declared legally incompetent, a guardian can be appointed by the Court. The duty of the guardian is to provide assistance to the ward. The type of assistance depends on the individual’s needs. There are three types of guardians: Guardian of the Person - is responsible for making decisions regarding the ward’s personal care and well-being. This guardian makes decisions such as housing and medical care decisions, and has a duty to make sure that the ward’s life is comfortable, healthy, and safe. Estate Guardian - handles the ward’s estate’s finances. This may include making sure bills are paid on time and assisting in making purchases. Detailed reports must be kept and filed regularly. General Guardian - is someone who has the power to handle the estate’s finances as well as make decisions regarding the personal care and well-being of the ward. All responsibilities that fall upon guardians of the person and estate guardians apply to general guardians.
North Carolina Guardianship Association Founded in 1997, the North Carolina Guardianship Association (NCGA) is a private, non-profit corporation. The mission of this group is to promote a standard of excellence in guardianship. The NCGA provides information, education, and training for families and professionals in North Carolina. Members of this organization include social service workers, attorneys, educators, volunteers, and many others. The NCGA is working to make sure that guardians throughout North Carolina are educated and have the proper resources to best aid his or her ward. FAQs Q: Who can best serve as a guardian? A: The person must care about the ward and have his or her best interests in mind. Usually the person is a family member, but that is not required. Q: Who may file an incompetency petition?
A: Any person who feels the person would benefit from having a guardian may file an incompetency petition. Q: Is the guardian financially responsible for the ward? A: No. The guardian is not legally required to be financially responsible for the ward. Q: Can a guardianship end? How? A: Guardianship may end under certain conditions. If the guardian feels the ward is now competent, the guardian has the duty to petition the court clerk to restore competency. Other cases, such as the death or resignation of the guardian, may also end the guardianship and may necessitate a replacement guardian. Guardianship laws can be somewhat complicated and overwhelming. It is best to consult a professional for assistance. Contact an Attorney If you or a loved one would like more information about guardianship laws contact the experienced estate planning attorneys at TrustCounsel. We can assist with instituting Incompetency Proceedings and establishing and administering Guardianships for incompetent persons or minors. Gregory Herman-Giddens, JD, LLM, TEP, CFP and his legal team at TrustCounsel have the knowledge and experience to help you with all aspects of guardianship laws. To contact us, please call (800) 201-0413 or fill out our online contact form. These articles are provided for informational purposes only and should not be considered legal advice. Professional legal counsel should be sought for specific advice relevant to your circumstances.
North Carolina Guardianship Association Founded in 1997, the North Carolina Guardianship Association (NCGA) is a private, non-profit corporation. The mission of this group is to promote a standard of excellence in guardianship. The NCGA provides information, education, and training for families and professionals in North Carolina. Members of this organization include social service workers, attorneys, educators, volunteers, and many others. The NCGA is working to make sure that guardians throughout North Carolina are educated and have the proper resources to best aid his or her ward. FAQs Q: Who can best serve as a guardian? A: The person must care about the ward and have his or her best interests in mind. Usually the person is a family member, but that is not required. Q: Who may file an incompetency petition?
A: Any person who feels the person would benefit from having a guardian may file an incompetency petition. Q: Is the guardian financially responsible for the ward? A: No. The guardian is not legally required to be financially responsible for the ward. Q: Can a guardianship end? How? A: Guardianship may end under certain conditions. If the guardian feels the ward is now competent, the guardian has the duty to petition the court clerk to restore competency. Other cases, such as the death or resignation of the guardian, may also end the guardianship and may necessitate a replacement guardian. Guardianship laws can be somewhat complicated and overwhelming. It is best to consult a professional for assistance. Contact an Attorney If you or a loved one would like more information about guardianship laws contact the experienced estate planning attorneys at TrustCounsel. We can assist with instituting Incompetency Proceedings and establishing and administering Guardianships for incompetent persons or minors. Gregory Herman-Giddens, JD, LLM, TEP, CFP and his legal team at TrustCounsel have the knowledge and experience to help you with all aspects of guardianship laws. To contact us, please call (800) 201-0413 or fill out our online contact form. These articles are provided for informational purposes only and should not be considered legal advice. Professional legal counsel should be sought for specific advice relevant to your circumstances.
