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.
Ask a Question,
Describe Your Situation,
Request a Consultation
Call (919) 306-2899 or fill out the short form below. We will usually respond within 1 business day but often do so the same day. Don’t hesitate, your questions are welcome.
We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.
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.
Want to Schedule a Consultation?
Schedule a Consultation TodayRelated Services
Experience Matters. Mills Adoption Law has helped our community for over 30 years with adoptions…
People often tell me, “I raised my stepdaughter and stepson like my own children. They…
Blended families are more common than ever. It is estimated the 1 in 3 Americans…
Interstate Adoption & ICPC When you adopt a child from another state, it is an…
As a same sex married couple can we adopt a child? If we are married,…
Today, open adoptions are the most common type of adoptive relationship. In an open adoption…
When you and your family need a North Carolina adoption attorney for adopting children in…
A second-parent adoption allows a person, a “second parent,” to adopt a child without the…
Grandparents, Relatives, & Kinship Care Arrangements Many parents cannot provide proper care for their children.…
The international adoption process is complex and varies by country. Visit the US State Department…
In most adoptions, the emphasis is placed on the mother for obvious reasons. The father…
Experience Matters. Mills Adoption Law has helped our community for over 30 years with adoptions…
independent adoption in north carolina If you have already found a match, an independent adoption…
Related Blogs & News
A Raleigh Adoption Lawyer Explains How to Complete a Home Study for Adoption in North Carolina
For adoptive parents in North Carolina, navigating the journey of adoption is a deeply rewarding…
Adoption in North Carolina: What Prospective Parents Need to Know About the FTC’s Notice on False and Deceptive Advertising for Adoption Intermediaries
For prospective adoptive parents, the North Carolina adoption process is a life-changing experience requiring careful…
What Are the Adoption Requirements in NC?
Adopting a child is a beautiful and life-changing journey, but it does come with specific…
Professional Associations
Why Should You Choose An Adoption Attorney?
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.
Explain
We will explain your rights and adoption laws in your state or refer you to attorneys who practice in other states or internationally.
Review
We will review and negotiate the adoption agency contract to protect your interests.
You Should...
Contact
You should contact an attorney as early as possible in the decision-making process.
Learn
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.
Choose
Choose an attorney who is experienced in the type of adoption you are considering.
Know
Know what the attorney charges, how fees are structured and that you can afford the services.
Ask
Ask questions, request references, share your concerns and provide the attorney with all relevant documents. Ask for a written retainer agreement that outlines what the attorney charges, how fees are structured and other details regarding fees and fee payment.