What is Guardianship?
A Guardianship is a legal appointment that allows a person or institution to make decisions for and exercise the legal rights of an incapacitated person. Which Guardianship type is appropriate depends upon the incapacitated person’s circumstances. Steve Glass can help evaluate which type of Guardianship is appropriate. Appointing a Guardian is helpful during the Estate Planning process as well.
Who Can Act as a Guardian?
A Guardian can be an individual, often a family member, or an institution such as a bank or trust company, or a public agent such as the Department of Health and Human Services. In order to serve as Guardian, an individual must be an adult, over the age of 18, and either a resident of North Carolina or a non-resident willing to submit in writing to the jurisdiction of North Carolina.
How is a Guardian Appointed?
Appointing a Guardian is a two-step process. First, there must be an incompetency hearing in front of the clerk of court to determine if the incapacitated person is legally incompetent and in need of a Guardianship. Once the clerk has determined an individual to be incompetent, the clerk will select the Guardian, typically it is the person who has filed for the incompetency hearing, but not always. The second step is the application and appointment. The selected person or institution must submit an application for Guardianship to the clerk. They will then receive legal papers from the clerk which show that the selected person or institution is the legally appointed Guardian for the incompetent person. Steve Glass has experience with representing individuals during this process and can partner with you in incompetency hearings and the appointment process. We can assist you with getting Guardianship for your elderly parent or disabled adult child.
Who Needs a Guardian?
The most common individuals who need a Guardian are adults with a disability or elderly individuals who are no longer competent. If you have a child with a disability, you can begin the proceeding at age 17 ½ so that it will be completed by the time your child is 18, the age of adulthood.
Call our office to speak with Steve Glass to determine if a Guardianship is appropriate and when you should start the process.
To learn more on how we can work together to accomplish your legal needs, contact us today.
Hours & Info
1135 Kildaire Farm Road
Cary, NC 27511
Monday – Friday: 10:00am – 5:00pm
Saturday – Sunday: Closed