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North Carolina Order on Petition for Appointment of Standby Guardian for Minor

State:
North Carolina
Control #:
NC-E-409
Format:
PDF
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Description

Order on Petition for Appointment of Standby Guardian for Minor: This is an official form from the North Carolina Administration of the Courts (AOC), which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.


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FAQ

As guardian of the person, you are entitled to compensation for your time, upon court approval. The compensation cannot exceed five percent of the ward's gross income. Attorney fees and other costs can and should be paid out of the ward's income, upon court approval.

Verbally (they tell you in front of someone else that they'll do it), in writing (ask someone to watch them sign and date their agreement), or. by their behaviour (for example, they take care of your children if you get sick or die).

Decide Who Will Administer Your Estate. Someone needs to wrap up your affairs after you pass away. Decide How You Want to Distribute Your Assets. Choose One or More Guardians. Write and Sign Your Will.

EXPLANATION OF A PETITION FOR APPOINTMENT OF GUARDIAN(S) A guardianship may be needed if someone cannot take care of him/herself and/or his/her property. The person who needs assistance is the proposed ward. If guardianship is granted, that person will be the ward.

What's the procedure to establish guardianship of a child? You can establish guardianship of a child by filing papers in court. Initially, file a petition stating your interest in obtaining guardianship along with a filing fee. You'll also want to file a letter of consent from the child's parents.

The guardian is responsible for deciding where the ward's liquid assets will be held and who will be responsible for overseeing the investments. If the ward owns any real estate, the guardian is responsible for paying all of the bills for maintaining the property such as taxes, mortgages and insurance.

A guardian is generally paid an amount which is not more than five percent of the ward's yearly income. The amount may vary slightly, but in no case should the guardian's compensation be fixed at less than fifty dollars for a year.

A. A guardian can be appointed by court (in case of parents death or parents have abandoned their child) after following proper procedure in court of law or by way of will (testamentary guardian) where parents want someone to act as guardian of their children after their death.

In order to pay themselves, each Certified Professional Guardian or Certified Professional Guardian Agency needs a court order allowing them to pay themselves. At each reporting period where the guardian submits a report to the court, the judge has to determine if the fees are reasonable and approve them.

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North Carolina Order on Petition for Appointment of Standby Guardian for Minor