A "guardian" is someone who is appointed by the Clerk of Superior Court to act on behalf of an incompetent adult ("ward"). First, a petition seeking to have someone declared incompetent must be filed. If the person is declared incompetent, then a petition must generally be filed to become that person's guardian. Our office can assist you with the required paperwork for this type of matter.
A general guardian or guardian of the person may also be appointed for a minor child. However, in North Carolina, this generally requires that both of the child's natural parents are deceased or their parental rights have been terminated. It is usually helpful to discuss the facts in your particular case with an attorney who can advise you what needs to be done.
If a minor child inherits money from an estate or from life insurance, a guardian of the estate can be appointed to handle the child' money. This guardianship will generally last until the child reaches the age of eighteen. Contact our office today if you need assistance with becoming a guardian of the estate.
If you have been appointed as a general guardian or a guardian of the estate, there is often paperwork that needs to be filed with the Court on an annual basis. Our office can assist you with the preparation and filing of this paperwork for the guardianship. Call us today for a consultation.
In North Carolina, there are three types of guardianships:
- Guardian of the Person: This person makes decisions about the ward's personal care and well-being, such as housing and medical care. They do not handle the ward's money.
- Guardian of the Estate: This person handles the ward's finances only.
- General Guardian: This person has the power to make personal decisions AND handle the finances of the ward.