This guide provides an overview of various types of guardianships and the surrounding issues. Topics covered include how to become a guardian, powers and duties of a guardian, compensation and liability of a guardian, and much more.
North Carolina USLegal Guide to Guardianship
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US-GDE-08
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FAQ
With a power of attorney, you choose who you want to act for you. In a guardianship proceeding, the court chooses who will act as guardian.
5) How long does guardianship last? The individual under guardianship remains under guardianship until their competency is restored through court proceedings, or until they die.
Guardianship Salary in North Carolina Annual SalaryMonthly PayTop Earners$173,126$14,42775th Percentile$172,700$14,391Average$134,758$11,22925th Percentile$97,700$8,141
To obtain guardianship, you must apply to the Clerk of Superior Court in the county where the child lives. The application form, provided by the clerk's office, requires a preliminary inventory of the ward's assets and liabilities.
There is a $120 filing fee, as well as a $30 fee for the sheriff to serve the respondent with the petition. The clerk of superior court determines who is responsible for payment of fees and costs. The filing fee and sheriff's service of process fee may be required at the time of filing.
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.
A guardian takes on the role of parent and makes decisions to ensure the well-being of the child. A guardian may be appointed for a child who has been orphaned or because a North Carolina court has determined that it is in the child's best interest to terminate the parental rights of a child's biological parents.
§ 35A-1201. (3) The essential purpose of guardianship for an incompetent person is to replace the individual's authority to make decisions with the authority of a guardian when the individual does not have adequate capacity to make such decisions.