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Specific duties of a guardian of the person include: Take custody of the ward's person. Make provisions for the ward's care, comfort, and maintenance. Take any responsible action necessary to protect the ward from further mistreatment in instances where the guardian learns the ward is being mistreated.

The key difference between being a legal guardian and having legal custody is in regard to the child's parentage. Custody describes a biological parent caring for a child, but guardianship is given to someone other than a biological parent.

Short-Term Temporary Guardianship A temporary guardianship may be arranged without a court order if: It is to last for 6 months or less; and. The parents sign and notarize a temporary guardianship agreement, and. If the child is 14 or older, the child will sign the agreement.

A guardian is a surrogate decision maker and advocate for an individual (the ward) who has been adjudicated incompetent by the court. The guardian must allow the ward to participate as much as possible in the decisions affecting him or her.

In North Carolina, the time it takes for a temporary custody order to become permanent through the court process varies from six months to a year, depending on the county and case complexity. Court caseload and the level of cooperation between parties also influence the timeline.

Depending on the situation, a court may grant this arrangement in many ways. In most cases, guardianship does not override parental rights. However, there are some instances where it does take precedence.