Guardianship
During difficult times when a loved one experiences a loss of mental or physical capacity, compassionate support and guidance are essential. We understand the complexity and sensitivity of these situations and are here to provide the most compassionate assistance.
Leger Law is here to navigate the process of appointing a guardian with care and compassion, ensuring the well-being of your loved one is prioritized every step of the way.
- Appointing a Guardian: The process in North Carolina involves two steps: determining incompetence and appointing a guardian.
- Types of Guardians: There are three types of guardians: Guardian of the Person, Guardian of the Estate, and General Guardian, each with different responsibilities.
- Guardian of the Person: Makes healthcare and placement decisions.
- Guardian of the Estate: Handles financial decisions.
- General Guardian: Serves both roles.
Our knowledgeable attorneys can help simplify the guardianship process, providing reassurance and support for the entire family. We represent individuals seeking guardianship over those unable to care for themselves and also assist interested parties in guardianship litigation.
When determining incompetence, the Clerk of Court considers various factors such as the person’s ability to perform daily activities, manage finances, and protect themselves from harm or exploitation.
When selecting a guardian, it’s important to consider the preference and best interests of the person in need. Family members are common choices, but other factors like proximity and availability should also be considered. Professional guardians can be hired if no suitable candidate is available.
A Standby Guardian is designated by a parent to become the guardian of a minor child for up to 90 days in case of the parent’s incapacity, debilitation, or death. It can be a crucial part of estate planning to ensure immediate care for the child and prevent family disputes.
Once appointed as a guardian, there are ongoing obligations such as maintaining a bond, filing annual reports, and maintaining proper financial records. We can provide representation as needed or handle the entire guardianship process.
Navigating the court system can be daunting, but our experienced team is dedicated to guiding you through the guardianship process. We prioritize prompt communication, sensitivity, and strategic advice to ensure a smooth and efficient process.