Estate Planning and Administration
A court-appointed guardian is necessary if a person doesn’t have a health care power of attorney (to deal with health care decisions) or a durable general power of attorney (to deal with financial affairs) and that person is incompetent/incapacitated and cannot handle those matters, if assets are left to a minor child, or if an adult disabled child is incompetent.
Guardianship should not be considered lightly and is an option of last resort for incompetent adults because it removes most, if not all, of the ward’s legal rights, including the ability to drive, to vote, and to hold assets in his name.
How do I apply for guardianship in North Carolina?
In North Carolina, guardianship can protect minors or incompetent adults through guardianship of the person, guardian of the estate, or general guardian (both types of guardians). A guardianship may be necessary even when an individual has a durable general power of attorney/health care power of attorney, and he is doing things to harm himself physically (e.g., forgetting to take critical medicine, etc.) or financially (e.g., giving away all of his assets).
Applying for guardianship is a legal proceeding and it can be complicated, especially when it is a contested matter.
Serving the Matthews, Indian Trail, Waxhaw, and Monroe regions, the experienced estate planning, elder law, and special needs planning attorneys at Weaver, Bennett & Bland, can help with your family’s situation.
Contact us today at (704) 844-1400 to schedule a consultation.
We charge a $200 fee for a 1-hour guardianship consultation.