To speak with one of our Charlotte attorneys regarding Guardianship and how we can help, call 704-412-1442.
When an individual is unable or no longer able to make important decisions regarding his or her own needs, family, healthcare, and/or financial affairs, the appointment of a guardian can help protect the interests of that individual and his or her family. Our attorneys are experienced and prepared to help with your guardianship and incompetency needs, including: drafting guardianship petitions; representing your interests at a guardianship hearing; and/or modifying existing guardianship orders.
In North Carolina, guardianship may be appropriate for individuals in numerous situations, including the following:
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In December of 2016, North Carolina adopted and enacted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA) as Chapter 35B of the North Carolina General Statues. The act, which has also been adopted by many other states in the United States, is designed to create a uniform set of rules and guidelines for addressing guardianships and jurisdiction from state to state. Have questions about a guardianship from another will be viewed in NC? Give us a call.
How we can help.
Our attorneys are prepared to help with all aspects of Guardianships, including:
* Drafting guardianship petitions.
* Representation at guardianship hearings.
* Modifying existing guardianships.
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To speak with one of our Charlotte attorneys regarding guardianships, call 704-412-1442 today.
In North Carolina, regardless what type of guardianship is requested in a petition, the clerk of superior may appoint any of three types of guardianship to protect the interests of the ward (the person whom has been adjudicated incompetent or for whom a guardian has been appointed):
Once ordered by a clerk, a guardianship may be modified in the future depending on the circumstances. However, a guardianship will always end upon any of the following: the death of the ward, the removal of the guardian from his position by the clerk, the restoration of the competence of the ward, or the resignation of the guardian.
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Call today to speak with one of our attorneys regarding your guardianship matter OR click below to visit our contact page.
WE CAN HELP.
To speak with one of our Charlotte Mecklenburg Guardianship attorneys regarding drafting a petition, modifying an existing order, and/or representing you at a guardianship and incompetency hearing, call us today at: 704-412-1442.
To speak with one of our Charlotte attorneys regarding Guardianship, call 704-412-1442 today.
Any interested party may file for guardianship, although actions are typically initiated by family members, care takers, or social workers. To begin the process, a petition must be filed with the clerk of superior court in the county in which the respondent (the person for whom a guardian is sought) resides.
Once a petition has been filed for guardianship by either the petitioner or the petitioner's attorney, a guardian ad litem (GAL) will be appointed to represent the respondent. The GAL is responsible for representing the best interests of the respondent, and will thoroughly investigate all relevant information leading into the guardianship hearing. The respondent may retain private counsel at any point during the proceedings.
Upon filing the petition, a hearing date will also be set. In Mecklenburg County, the hearing is typically set 3-6 weeks out from the date the petition is filed. All "next of kin" of the respondent must be served with the petition and notice of hearing. In Mecklenburg County, the petition and notice of hearing MUST be served on the respondent in person by sheriff. Leading into the hearing, it is important to gather all information with respect to the respondent's physical and mental condition, financial situation, and the surrounding circumstances leading into the petition being filed. During the hearing, evidence may be put on by the petitioner or his or her attorney, the respondent, and any other interested parties. Upon hearing all relevant evidence, the clerk of superior court will consider all information that is relevant to the determination of incompetency and/or guardianship, and make a ruling as to to whether or not the respondent is incompetent, and/or appoint a guardian of the person, estate, or both.
Taking on the role of Guardian comes with numerous responsibilities, which may vary greatly depending on the type of guardianship involved, the specific condition of the ward, and the circumstances surrounding the appointment. The North Carolina Administration of the Courts has provided guidance regarding the specific responsibilities of guardians, which may be reviewed here.