Do you get paid for guardianship of a child?

Most courts allow the guardian to receive a reasonable compensation amount. After all, the guardian must perform quite a bit of work to care for the ward's various financial, medical, and personal needs. A standard amount might be 5 percent of the ward's yearly income, but the actual amount can vary quite a bit.

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USLegal Guide to Guardianship

Mecklenburg North Carolina USLegal Guide to Guardianship

Name: Mecklenburg North Carolina USLegal Guide to Guardianship
Brand: US Legal Forms
Rating: 4.69 (306 reviews)

Category:

Family Law - Guardianships

State:

Multi-State

County:

Mecklenburg

Control #:

US-GDE-08

Format:

Instant download

Description

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.

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FAQ

A guardian is appointed for an adult if the court finds by clear, cogent and convincing evidence that a person alleged to be incompetent lacks sufficient capacity to manage his or her own affairs or to make or communicate important decisions about the person's self, family, or property.

A person with an extensive criminal background may not become the guardian of a minor. In order to become a guardian, you must complete an application with the Clerk of the North Carolina Superior Court in the county of the child's residence. There are also court costs and fees to be paid.

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.

Custody describes a biological parent caring for a child, but guardianship is given to someone other than a biological parent.

If a guardian is appointed after the execution of a Power of Attorney, the attorney-in-fact is accountable to the guardian as well as to the person, and the guardian has the same power to revoke or amend the Power of Attorney that the person would have had if he or she were not mentally incompetent or incapacitated.

Most courts allow the guardian to receive a reasonable compensation amount. After all, the guardian must perform quite a bit of work to care for the ward's various financial, medical, and personal needs. A standard amount might be 5 percent of the ward's yearly income, but the actual amount can vary quite a bit.

In South Carolina, a minor is defined as a person under 18. An individual who wants to become a guardian of a minor should petition the Family Court in the county where the child currently resides. There is no standard guardian or guardianship form in South Carolina's list of Family Court forms.

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.

More info

General Guardian – Appropriate when there is the need for both a Guardian of the Person and Guardian of the Estate.

Mecklenburg North Carolina USLegal Guide to Guardianship

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FAQ

How does guardianship work in North Carolina?

How do you get legal guardianship in NC?

Do guardians get paid in NC?

What is the difference between custody and guardianship in NC?

Does guardianship override power of attorney in NC?

Do you get paid for guardianship of a child?

How do I get guardianship of a child in South Carolina?

How do you become a legal guardian?

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