Wake North Carolina USLegal Guide to Guardianship

State:
Multi-State
County:
Wake
Control #:
US-GDE-08
Format:
Word; 
Rich Text
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.

Wake North Carolina Legal Guide to Guardianship is a comprehensive resource providing detailed information about the legal aspects and process of establishing guardianship in Wake County, North Carolina. This guide aims to help individuals understand the requirements, procedures, and rights associated with guardianship, ensuring the best interests and welfare of vulnerable individuals who may be unable to make decisions for themselves due to age, disability, or incapacitation. Key topics covered in the Wake North Carolina Legal Guide to Guardianship include: 1. Definition of Guardianship: This section explains the concept of guardianship and its purpose, emphasizing the need for a legally appointed guardian to protect and care for an individual who is unable to manage their personal and financial affairs. 2. Types of Guardianship: Different types of guardianship available in Wake County, North Carolina are discussed, including guardianship of minors, incapacitated adults, and individuals with developmental disabilities. Each of these categories has specific legal requirements and considerations. 3. Legal Process: The guide provides a step-by-step explanation of the legal process involved in establishing guardianship in Wake County. This includes filing a petition, notifying interested parties, conducting evaluations, attending hearings, and obtaining the court's approval. 4. Responsibilities of a Guardian: This section outlines the roles and responsibilities of a guardian, which encompass decision-making on behalf of the ward, managing the ward's finances, ensuring their well-being, and reporting to the court. 5. Termination of Guardianship: The guide provides information on the circumstances under which guardianship can be terminated or modified, including changes in the ward's condition or family circumstances. It also explores the process of transferring guardianship or seeking removal as a guardian. 6. Alternatives to Guardianship: This section explores alternative options to guardianship, such as powers of attorney, advance healthcare directives, and trust arrangements, highlighting when these alternatives may be more suitable than guardianship. Wake North Carolina Legal Guide to Guardianship aims to empower individuals seeking guardianship or serving as guardians by providing them with the necessary knowledge to navigate the legal process efficiently and effectively. This comprehensive resource ensures that the rights and well-being of vulnerable individuals in Wake County, North Carolina, are protected through appropriate legal channels.

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FAQ

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.

Guardianship is a legal relationship in which a person(s) or agency (the guardian) is appointed by the court to make decisions and act on behalf of a person who does not have adequate capacity to make such decisions involving the management of personal affairs, property, or both.

Only the Probate Court can appoint a guardian for an adult. The Probate Court will not appoint a guardian unless it receives clear and convincing evidence, in a court hearing, that an individual is incapacitated and that the person applying to be guardian is the appropriate person to serve as a guardian.

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.

If the proposed ward is under the age of eighteen (18) years, see Minors. A guardian has legal authority to make personal and financial decisions for a child or incapacitated party, indefinitely.

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.

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.

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.

Section 11 of Regulations Both the parents may jointly, or, in the event of the absence of one due to death, divorce, legal separation, desertion or conviction, may singly apply for guardianship of their or as the case may be his ward beyond the age of 18 years.

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Wake North Carolina USLegal Guide to Guardianship