Edit Legal North Carolina Aging Parents Forms For Free

Guardianship Salary in North Carolina Annual SalaryMonthly PayTop Earners$160,399$13,36675th Percentile$134,900$11,241Average$110,885$9,24025th Percentile$79,200$6,600

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.

(a) No person may be tried, convicted, sentenced, or punished for a crime when by reason of mental illness or defect he is unable to understand the nature and object of the proceedings against him, to comprehend his own situation in reference to the proceedings, or to assist in his defense in a rational or reasonable ...

A guardian may be reimbursed from the ward's estate for reasonable expenses incurred in carrying out his duties as guardian. A guardian of the estate or general guardian may also receive a commission set by the clerk from the ward's estate for serving as guardian.

You must file a complete petition for guardianship with the Clerk of the Superior Court. Immediately following filing this petition, you must properly serve the allegedly incompetent adult, otherwise known as the respondent. You may also need to serve the respondent's closest family members.

North Carolina Incompetency Law The statute creates two situations when a person might be declared incompetent: They lack adequate capacity to manage their own affairs. They cannot make or communicate important decisions about themselves, their family, or their property.