Do you think that your loved one could benefit from an adult guardianship/conservatorship? Let’s talk a bit about what that looks like.
Types of Adult Guardianship
In North Carolina, using the legal standard by the North Carolina statute, when a court determines that an adult lacks the capacity to manage their own affairs or communicate important life decisions, a guardian is appointed. The court typically grants one of three designations:
Guardian of the Person: Responsible for the ward’s daily care, medical treatment consent, housing, and social requirements.
Guardian of the Estate: Tasked exclusively with managing the ward’s financial assets, paying bills, and protecting property.
General Guardian: A combined role that holds the responsibilities of both the person and the estate.
The Legal Process in North Carolina
Establishing an adult guardianship is a formal legal procedure that takes place in front of the court system:
Filing the Petition: Anyone may file a written petition with the Clerk of Superior Court in the county where the individual lives, alleging that the person is incompetent and needs protection.
Evaluation & Due Process: The court issues a notice to the individual and their close relatives. The court also appoints an independent attorney called a Guardian Ad Litem (GAL) to represent the best interests of the individual during the proceedings.
The Hearing: A formal hearing is conducted by the Clerk of Court. Medical records, psychological reports, and testimonies are reviewed to decide if guardianship is truly necessary.
Ongoing Accountability: Once appointed, a guardian must file regular inventories, financial accountings, and annual status reports with the clerk to verify the ward is safe and financially secure.
Less Restrictive Alternatives
Because a guardianship strips away a person’s individual legal rights, North Carolina law mandates that it should only be used as a last resort. If a loved one is starting to experience cognitive decline but is still lucid, you can avoid court proceedings by establishing:
Durable Financial Power of Attorney (POA)
Healthcare Power of Attorney / Living Will
Living Trusts or Representative Payee Status
Representative Payee
Joint Bank Accounts
Trusts
HIPAA Release Forms
Supported Decision-Making
You can schedule a meeting with Attorney Gaster to go over these options for you or a loved one!