Hendersonville Guardianship Lawyer

Guardianship refers to a legal relationship between two entities, one of which is appointed by the court to make personal, medical, and/or financial decisions for the other. The appointed entity, legally referred to as the guardian is often an individual. Guardians manage the affairs of a person, legally referred to as a ward, who doesn’t have the capacity to make their own decisions surrounding issues like medical care, property, and personal finances.

Depending on the situation, a court might appoint a person, a business, or a public agent as a guardian. Also, one ward might have more than one guardian if it is in their best interest. For example, the court might appoint a doctor to make medical decisions and a financial advisor to handle assets and investments for a ward.

Three types of legal guardianship exist in North Carolina. Here is a broad overview of each.

Guardianship of the Person

This type of guardianship concerns managing the care and custody of a person. A guardian of a person makes decisions about medical treatment, housing, and other applicable issues like employment and education. The exact duties a guardian has depends on the needs of the ward and the circumstances of the case. Examples of specific things a personal guardian might do include:

• Make medical appointments
• Filling prescriptions and giving medication to the ward
• Approving medical treatment
• Placing a person in a nursing home or assisted living facility
• Arranging in-home healthcare
• Managing school requirements and educational decisions, specifically for minors

Guardians of the person are never involved with managing a ward’s finances. 

Guardianship of the Estate

This type of guardianship concerns managing a person’s business and financial matters. A guardian of the estate has the power to pay debts, collect money, and take any other reasonable action to manage someone’s estate. Examples of specific things a guardian of the estate might do for a ward include:

• Monitor bank accounts, investments, real estate, personal property, and other assets
• Make decisions about investments so they provide income for the personal care of the ward
• File and handle paperwork related to public benefits, such as Social Security Disability Insurance

If a ward passes away, a guardian of the estate typically also deals with life insurance proceeds and inheritance.

General Guardianship

General guardians refer to those who have court-appointed guardianship of the person and their estate. A general guardian might make financial decisions for someone and make medical decisions for them. When a court appoints a general guardian, they typically specify powers and limit them when applicable.

In North Carolina and throughout the United States, minors under the age of 18 cannot make legal decisions in most situations. Sometimes minors need a guardian to handle certain affairs until they reach the age of 18. However, specific conditions surround minor guardianship cases in North Carolina.

First, courts only appoint a general guardian for a child if the biological parents are out of the picture. This might mean they died or the court terminated parental rights. Second, minor guardianship can be temporary and may not need to continue once a child turns 18.  If you are seeking guardianship of a child in your life, an experienced Hendersonville guardianship lawyer can help you with the application process.

Various situations can provide grounds for guardianship in North Carolina, but two occur frequently:

One example is of adult children caring for elderly parents. People who do not go through the estate planning process do not designate someone as their power of attorney. As they age and become incapacitated, an adult child might need to seek guardianship to make decisions about medical treatment and decisions about where their parents should live.

Another example is of parents caring for adult children. Those who have special needs children typically seek guardianship to continue making decisions for their children once they turn age 18.