In Mecklenburg County, North Carolina guardianship for an individual may be appointed based the incompetency standard that the ward lacks sufficient capacity to manage his/her own affairs or to make or communicate important decisions concerning his/her person, family or property.
North Carolina Guardianship Law
As elder family members age, they may no longer be able to manage their own affairs, and a court-appointed general guardian, guardian of the person, or guardian of the estate may be needed in the event of incapacity or disability. In these cases, a designated person will be granted legal authority to provide for care for the incapacitated adult’s personal and/or property interests. Additionally, when a special needs child suffering from mental and/or physical disabilities turn 18, it is often necessary for a parent or family member to apply for guardianship, so the special needs individual can be approved for supplemental government programs, benefits, and extracurricular activities.
Are you concerned one of your family members needs a legal guardian?
Guardianship in North Carolina based on incompetency is taken very seriously because it limits individual’s civil rights. At Nosal & Jeter, LLP, our experienced North Carolina Guardianship lawyers provide knowledgeable legal counsel on guardianship law and procedure. Our North Carolina guardianship attorney serves as a court-appointed Guardian ad Litem (GAL) in Mecklenburg county and has an in-depth understanding of guardianship law.
Depending on your specific needs, we can assist with:
- Applying for guardianship of special needs individuals and elderly adults suffering from dementia, intellectual disability, autism, and other forms of incapacitation
- Representation in resolving conflicts between family members regarding guardianships
- Representation of guardian of the estate or general guardian regarding management of the ward’s assets
Definitions of Common Guardianship Law Terms
Ward is the person who has been declared incompetent (or a minor). The ward is called the respondent at the incompetency proceeding stage.
Guardian is the person (or corporation) who has the fiduciary duty and responsibility for caring for the ward’s person and/or estate. Also, state agencies may be appointed as a disinterested public agent guardian.
Guardian ad Litem Guardian ad Litem is a person appointed by the Clerk of Superior Court to represent the ward, if the ward does not have an attorney. The Guardian ad Litem must be an attorney.
Guardian of the Estate A guardian appointed solely for the purpose of managing the property, estate, and business affairs of a ward.
Guardian of the Person A guardian appointed solely for the purpose of performing duties relating to the care, custody, and control of a ward. The guardian of the person does not handle any of the ward’s money or property.
General Guardian A guardianship of both the estate and person.
Mecklenburg County NC Guardianship Attorney
To discuss North Carolina guardianship law with an experienced lawyer, contact Nosal & Jeter, LLP today at (704) 608–3429 to set up a consultation regarding your legal matters.