Guardianships
Schedule a Consultation TodayGuardianships In North Carolina
Guardianships in North Carolina provide legal protection for minors who are orphans, have been abandoned, and have no natural guardian care for them or manage their property.
Guardians can also be appointed for adults who have any condition that prevents them from caring for themselves, making decisions, or managing their property. Some common cases where a guardianship may be necessary are a debilitating car accident, physical illness, or psychological disorders. A guardianship can be created when a person is unable to care for themselves, or even when they are unusually prone to fraud or external influence.
Guardianship of a child is not the same as child custody. The legal standards and procedures are very different. The authorities and responsibilities of a guardian are very different from those of a person who has legal or physical custody of a child.
Types of Guardianships.
There are three types of guardianships: guardianship of the person for an individual, guardianship of the estate for property and a general guardian for both the care of the person and their property.
Guardians are appointed by the court when a person lacks sufficient capacity to make or communicate important decisions concerning his or her person, family, or property due to a specific mental or physical impairment. Guardians are also appointed when a person lacks sufficient capacity to manage his or her personal or financial affairs.
An individual’s capacity must be determined in relation to his or her ability to do a specific act or perform a specific function. A person may have the capacity to do X (manage their daily activities), but may lack the capacity to do Y (manage their finances).
Guardianship Of A Person.
Guardianship of a person in North Carolina places that person, known as the ward, under the supervision of a guardian. The guardian is typically a family friend, family member, or a court-appointed fiduciary.
Guardianships protect the individual (the ward). They also significantly limit or remove the rights of the ward. Areas in which the guardian may exercise decision-making authority include:
- Estate planning or end-of-life directives
- Real estate transactions
- Automobile or other transactions
- Place of residence
- Filing lawsuits
- Providing consent for medical treatment
Guardianship of a minor is appropriate when a child has no surviving parent, or is abandoned, or a parent is unable to care for or act on behalf of their child.
Unlike an adoption, with guardianships the parent may still remain responsible for supporting the child financially, and the parent does not necessarily give up parental rights. Parental approval is generally sought prior to any proceeding where the parent is unable to care for their child.
Guardianship Of An Estate.
Guardianship of the estate may be appropriate when a person is unable to manage their financial affairs. The guardian of the estate will manage the property for the ward and make decisions in their best interest.
The guardian assumes certain responsibilities:
- Creating an inventory of estate assets, values, and locations, and reporting this inventory to the court
- Protecting property from loss to the best of their ability
- Obtaining court approval prior to the sale of assets
- Managing income generated by the protected assets
- Handling general business (payables and receivables) of the property
- Reporting to the court on a regular basis
- Often, as a part of an estate plan, the guardian of the estate will be the same as the guardian of the child, although there are some cases where they may be different.
Sometimes one person is a good care-giver and the best choice as guardian of the person, but not a good money manager and not the best choice as guardian of the estate.
There are a number of advance planning tools and alternatives to guardianship:
- Durable power of attorney
- Health care power of attorney
- Trust
- Standby guardians
- Standby Guardian
- A standby guardian may be appointed by the court or designated by a parent. A standby guardian becomes the guardian of the person or general guardian of a child upon the death or incapacity of the child’s parent or guardian.
Designation of a standby guardian is appropriate when single parent suffers from a progressive chronic or irreversible fatal illness or chronic and substantial inability (due to a mental or other impairment) to understand the nature and consequences of decisions concerning the care of one’s minor child and lacks the capacity to make those decisions.
Experience On Your Side.
There are many options available. Choosing the right one is important. Setting up a guardianship in North Carolina properly is a complex task, and one that requires an experienced attorney on your side.
Bobby Mills has over 30 years experience in adoption and related law in North Carolina. Call us today 919-533-4025 to schedule a consultation.
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Why Choose Mills Adoption Law?
- Experience–Attorney Bobby Mills has over 35 years of experience representing birth parents, adoptive parents, and foster parents through all aspects of adoption and parental rights.
- Adoption Specialist–Other firms include adoption and parental rights as part of their larger family law practice areas. At Mills Adoption Law, we focus exclusively on adoption, parental rights, and foster parent rights.
- Board-Certified–Attorney Bobby Mills is a Fellow of the American Academy of Adoption & Assisted Reproductive Attorneys, certified by the board as a specialist in family law, and the former director of a child placement agency.
- Agency Attorney–At Mills Adoption Law, we also represent child placement agencies and their clients.
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An adoption attorney will:
Provide
We will provide an unbiased explanation of adoption procedures and develop a legally secure plan tailored to your needs.
Assess
We will assess the risks involved, including determining what payments are permissible and ensuring that birth parents are treated fairly and their rights are legally terminated before placement is finalized.
Clarify
We will clarify your options, if any, for post-placement arrangements with birth parents, making sure your interests and those of the child are served.
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We will explain your rights and adoption laws in your state or refer you to attorneys who practice in other states or internationally.
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We will review and negotiate the adoption agency contract to protect your interests.
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Learn about the specific types of adoption services the attorney provides. Ask what percentage of the practice is dedicated to adoption and how many adoption proceedings the attorney has handled.
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Know
Know what the attorney charges, how fees are structured and that you can afford the services.
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The entire process only lasted several months.
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My family used Mr. Mills for our adoption process and could not be more pleased. He was incredibly knowledgeable, professional, and responsive. He was always available and answered every question we had throughout. There were many layers to our adoption situation and process, and Mr. Mills was able to navigate it all without incident. The local DSS representative that we worked with in our county commented that in all of her years working with adoptions she had never seen such a thorough packet of information. Mr. Mills and staff, thank you for what you did for our family. It is absolutely wonderful to be a dad!
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I had a very good experience in my adoption process, my confidence in Bobby Mills and his group, was completely justified. I am so glad I found his services as a professional lawyer and felt he did above my expectations! The process was walked through step by step with results we could see the end coming closer in sight each meeting. He was prompt and courteous and answered questions I had. Definitely would use his services again!!
Adoption is one of the most meaningful — and sometimes complicated — journeys a family can take. What began as a simple interstate adoption quickly became the most “unusual” and complicated case lasting 15 months. From the initial consultation, Bobby handled every turn with compassion, clarity, and unwavering ease.
He was consistently available to answer questions, explain the process in a way that felt approachable, and offer steady, thoughtful guidance when it was needed most. His knowledge of adoption law — gave me so much peace of mind during an uncertain time. His recommendations for post-placement services and trusted colleagues were also wonderful, providing the support needed well beyond the courtroom.
Thanks to Bobby’s expertise and heart, my family’s story found its way home. I’ll always be grateful for the steadiness and kindness he brought to this life-changing story.
If you’re in search of an adoption attorney who’s both highly skilled and deeply kind, I couldn’t recommend Mills Adoption Law more.
We can’t recommend Mills Law Firm enough! Going through the adoption process can be daunting and emotional, but Bobby was there for us every step of the way. From our very first consultation, he made us feel welcome and informed.
Throughout the process Bobby was able to able to answer all questions clearly and patiently and guided us step by step through the complex legal paperwork. He was always incredibly responsive to our calls and kept us updated on the progress of our case throughout the entire process.
Thanks to Bobby’s help, our adoption was finalized smoothly, and we owe a huge debt of gratitude to him for helping us with this process.
If you’re considering adoption, we strongly recommend that you contact Mills Law Firm. Bobby’s expertise, communication, and support will make a world of difference in your adoption journey. We are so grateful for everything he did for us!
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I had a wonderful experience in every way possible! Everything was explained in detail of what could or would happen if situation went every way. I would definitely recommend Bobby & The Mills Adoption Law Team to handle your case! Bobby is very knowledgeable,smart, & a straightforward man. We didn’t need to come into the office much. They made it feel easy. Thank you!
I had a very delicate case with the hopes of a very impossible outcome but Bobby was always very honest. Always told me the cons and pros of every move we decided to take. And something that was nearly impossible he made it a reality with his wisdom. There are no words to explain the gratitude I feel towards him. He is extremely knowledgeable and has a network of attorneys to seek if he ever needs assistance. He personally picks up your calls & replies black to every email!! I am so blessed I found him. I will forever be in his debt. THANK YOU BOBBY!!
Bobby’s experience and vast connections with people all over the state of North Carolina was very helpful in making our adoption as smooth as possible. Even though our adoption happened in a town a couple of hours away from Bobby’s office he happened to know a social worker who lived in that town that helped us get through the process when we had questions that popped up. I felt that he always had our interests in mind and answered my texts and emails promptly. We actually recommended Bobby to our friends who are adopting in North Carolina as well. Highly recommend!