Guardianships
We advise and help individuals seeking a guardianship in North Carolina to help family members who need assistance with everyday life.
Looking for help with legal guardianship laws? Whether you need help understanding the guardianship law, completing guardianship papers, or representation at a guardianship hearing, Brinkey Law can help you in High Point, Greensboro or Winston-Salem.
Under North Carolina law a petition is filed with the Clerk of Superior Court in each county alleging an adult should be declared incompetent. This is not an action to be taken lightly and we recommend consulting with an attorney before filing a petition.
What is a Guardianship?
“Guardianship is a legal relationship in which someone (the guardian) is authorized by the clerk of superior court to be substitute decision maker for an incompetent adult (the ward). Incompetence is determined in a court proceeding and means an adult is unable to manage his own affairs, or is unable to make important decisions” (financial decisions, medical choices, purchasing or selling property, etc).
(source: NCDHHS, “Guardianship and Alternatives to Guardianship”)
What are the Responsibilities of a Guardian?
Make decisions about where where the individual will live
Authorizing medical treatment, and managing the individual’s finances
Filing status reports and accountings with the court
Should alternatives be considered to full guardianships?
North Carolina law encourages clerks to consider limited guardianships tailored to the needs of the incompetent person. In a limited guardianship, an adult ward retains some rights that would otherwise be lost in guardianship.
(source: North Carolina Judicial Branch: “Guardianship“)