There are many reasons why someone might need a guardian. Sometimes it is because they have a medical condition that prevents them from making rational decisions. Other times it is because they are young and have not yet learned how to make good choices. In any case, guardianship usually starts off broad and then narrows down over time as the person improves or learns to make better decisions.

Individuals with intellectual disabilities, for instance, may need a guardian to make decisions on their behalf starting at 18 years old. In some cases, this guardianship will last for the rest of the person’s life. This is because intellectual disabilities can severely impact an individual’s ability to make sound decisions. Therefore, the role of a guardian can help ensure that the individual with an intellectual disability is able to live as safely and comfortably as possible. However, this doesn’t mean that everyone who is appointed a guardian will need one in perpetuity.

For example, someone who is not able to make decisions about their own finances may be given the opportunity to manage $500 for a month. They will need to show the court that they are able to pay bills on time every time they become due. This demonstration of financial responsibility will show that they are capable of managing their finances.

After the guardian oversees their finances for a while, they will get all the money at the beginning of the month and pay every bill themselves. The court will be satisfied that they are capable of handling all their finances.

Someone’s ability to make their own decisions can be shown by living independently for a period of time or taking necessary medications to prevent hospitalization. Each situation is different, and the requirements for each person will vary, but the measures of guardianship can either last a lifetime or be of a much shorter duration.

When Guardianship Can Be Ended Early?

Guardianship can be ended prematurely if the ward demonstrates the ability to manage their own affairs. This was the case in an instance where I served as the guardian ad litem. We were sure that this person would remain in a coma for their whole life, yet they proved us wrong.

One day, this person called the office and said that they were the client. I was surprised to learn that they had a severe medical anomaly that was cleared by a medication change. In this case, that person’s guardianship was terminated fairly quickly and easily.

Guardianship Modification

The purpose of guardianship is to provide care and protection for someone who is unable to do so themselves. The court oversees each guardianship to make sure that these tasks are being carried out properly, and that the person receiving care is protected and properly taken care of. To do this, the court requires annual reports from guardians and keeps up with these reports to ensure that the guardian is doing their job correctly.

There are many reasons why guardianship may be removed by the court. Some of the most common reasons include misuse of funds, neglect of the ward, or incompetence on the part of the guardian. In many cases, the guardian may simply pass away. Whatever the reason, it is important to understand that any guardianship can be revoked or considered for removal by a court of law or as a result of a request for modification from any party.

The Petition For Guardianship: Reasons for Challenges and Denials

A guardianship petition can be denied for various reasons. One reason is if a doctor is unwilling to determine that the person is medically incapable of meeting their own needs or being able to carry out their own day-to-day activities.

Another reason is if there are technicalities in the procedure. We find that that happens in cases where folks represent themselves rather than when an experienced attorney for guardianship assists them. If you file a petition and it is dismissed, you may be responsible for the guardian ad litem’s costs.

For more information on Guardianships Law in North Carolina, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (704) 862-0148 today.

There are many challenges associated with being a guardian. One of the most serious difficulties is managing the needs of the ward while also complying with all the required directions and housing regulations. It can be very confusing to navigate all the different systems that are in place to help people in need, which often leads to misunderstanding the financial requirements of guardianship and not keeping accurate records.

These issues can create significant stress and frustration for those involved. There are many things that can make being a guardian difficult, but they can all be avoided with the right knowledge. However, it can be very hard to learn everything you need to know. So, before becoming a guardian, carefully consider what roles you can fill and who you will have access to for help. No one will ever be an expert in everything related to guardianship, so don’t get discouraged.

As a guardian, it is important to have a good understanding of the needs of those you are responsible for. This includes knowing who to reach out to for assistance on various issues. Having a good working knowledge of the Medicaid and Medicare system is essential, as well as having good relationships with doctors and clerks who oversee guardianship. These relationships are key in providing the best possible care for those under your guardianship.

Additionally, as a guardian, one of the most important things you can do is to make sure you communicate effectively. If you know that communication is something you struggle with, it’s important to consider whether or not you have the capacity to meet the communication requirements of guardianship.

For more information on Guardianship Law in North Carolina, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (704) 862-0148 today.

In North Carolina, we have both post-separation spousal support and alimony. Alimony is more thorough and is the final order unless otherwise modified later. Post-separation spousal support is designed to provide benefit between the time in which the separation occurs and the point when an alimony order is entered. Post-separation support is a temporary order. In each case, the supporting spouse is the party that may have to pay post-separation support or alimony. A supporting spouse is the spouse who has the larger share of income and assets.

One spouse may have a lower income but have considerable assets from which they don’t have a rent or mortgage. In this case, they may not end up being a dependent spouse or someone who needs alimony or post-separation support.

Both alimony and post-separation support are considered on fault. Therefore, if a particular party is a dependent spouse who is at fault for the separation, they may not be entitled to support, depending on the circumstances. For instance, the court may find that the reason that the supporting spouse left the marriage was because the dependent spouse was physically abusive. In this case, the dependent spouse would not be entitled to alimony or post-separation support.

For more information on Family Law in North Carolina, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (704) 862-0148  today.

Private mediation is a process where a neutral third party, known as a mediator, facilitates dialogue with the goal of negotiating a resolution between two or more parties caught in a dispute. It aims to find a mutually acceptable solution to the dispute without going to court and exposing yourself to unanticipated judge or jury rulings. A valuable tool for resolving disputes promptly and effectively, it is usually less formal and significantly less expensive than traditional litigation.

Private mediation can be pursued in various areas of the law, but Hometown Counsel generally practices it in the context of family law. Legal disputes of any kind can be complex and emotionally challenging, but family law cases are especially so. Finding the right solution can be difficult without the proper support. By seeking the assistance and guidance of a mediation process law firm, you can not only increase your chances of receiving the ideal outcome for your case but also reduce the stress and difficulties that can come with your legal dispute.

Based in Gastonia, North Carolina, Neece Law Firm’s team of private mediation lawyers draw on years of combined experience helping people navigate their family law disputes in the following contexts:

Divorce

More often than not, divorce is an arduous ordeal to undergo. Although complicated and not accomplished most of the time, coming to an agreement can save both parties countless hours and dollars. Although private mediation lawyers do not make decisions and only help the parties make them, they can prove invaluable. They bring a level of understanding of the law, as well as an unbiased perspective on the situation, that can steer the divorcing couple in an amicable direction.

Child Custody

Family law disputes, especially child custody disagreements, can be some of the most emotionally charged and contentious legal matters. If you are going through a divorce with children involved, your Hometown Counsel lawyer will step in as a child custody mediation attorney to help you and your spouse agree on a plan that truly aligns with your child’s best interests. They will help both parties identify their desires and concerns and facilitate discussions to reach a mutually acceptable solution. By avoiding the cost and stress of traditional litigation, they will help you move forward as positively as possible, given the difficult circumstances.

Child custody issues have implications beyond the immediate child custody case. For example, extended family members such as grandparents are very often incredibly close with children. As a result, they will more likely than not want to maintain their relationship with the children despite the divorce. Managing an additional layer to your child custody case can prove difficult if you handle the matter yourself. Our child custody mediation attorneys know how to weigh these peripheral factors in your case so things resolve as best as possible.

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Step In The Right Direction

Private mediation may be a valuable option to consider if you are facing a legal dispute. The Neece Law Firm’s private mediator lawyers have the experience and command of the law needed to help you arrive at the solution for your family law dispute that will ensure the best outcome possible. Contact us today to learn more. After discussing your case, we will begin crafting a strategy to position you for success.

Are you separating but want to put your children first? This collaborative practice minimizes the stress and fighting. Tyler Niblett’s goal is to reach a solution to help every one gently turn the page, without expense and stress of the court system.

Turning the page collaboratively asks both parties to take an active role in their divorce and child custody. In North Carolina, our courts require mediation of child custody. Our job at the Neece Law Firm is to try to resolve and mediate issues before the parties ever file law suits. Working collaboratively allows both parties to keep the details out of court filings. We cannot promise that it will make an easy divorce or an easy child custody case.

We can promise that we will do our best at the Neece Law Firm to soften the stress and put your family first.

The collaborative approach is not the same as mediation. In mediation, you have a third party who is going to be helping you work through these issues. In a collaborative approach, you both can be represented by an attorney. However, both attorneys must agree to a collaborative approach by signing a commitment. The commitment would entail that if the two parties decide to go forward with litigation, both attorneys will withdraw and not proceed forward.

This commitment keeps people in the room in several ways. It keeps attorneys pushing for compromise. It also retains the client’s interest in coming to an agreement because if they do not, they will lose the attorney they have already committed to and worked with. Thus, the process is designed to keep all parties honest and minimizes contention by taking away confidence in the ability to threaten the use of the court. Without the pressure of court involvement, it’s much more likely for people to resolve their issues based on what’s best.

There are also no mediator fees with collaborative divorce. If clients opt for it, they can also hire an expert to advise them precisely on what their assets and debts are. The parties can then jointly share this expense. While advisable to share the costs of experts, it is not necessary. Additionally, there are no deadlines for collaborative divorce. Mediation occurs on a single day or series of days, and it is often challenging to find a compromise after only one meeting. With collaborative divorce, sessions can be split up over time, so separation talks feel less pressured.

Do Both Or Either Parties Need Attorneys In The Collaborative Model?

The short answer is no. The long and nuanced answer is that it is tough to accomplish a collaborative divorce without two attorneys. Without an attorney, an unrepresented party would write a statement clarifying they understand that they’re representing themselves. Therefore, it can be done. However, it doesn’t have the same force and effect. The driver of divorce collaboration is maintaining the parameters around it. When there’s only one attorney in the room, the unrepresented party doesn’t have the pressure of losing their attorney. An attorney in North Carolina shall not represent both parties on opposite sides of a dispute. Without the second attorney present, it can be confusing as to whether the unrepresented party is getting legal advice or not.

How Can The Collaborative Process To Divorce Save Your Clients Time And Money?

Litigation is expensive and opposing parties can utilize rules and procedures to drive up that cost. Just because you have an attorney that is money conscious, doesn’t protect you from a multitude of discovery requests, depositions, or anything they can do to fight you. As litigation continues and expenses rise, your case may result in court-ordered mediation for the purpose of equitable distribution. If so, you will then have to pay a third party on top of your attorney for any time spent in mediation. Not to mention, if experts are required, each party will typically be required to pay for their own experts. Experts charge very high hourly fees and may be needed on more than one occasion. In addition, the court is unpredictable. Contrary to collaborative divorce, you won’t have control over the court processes and timeframes.

For more information on Family Law in North Carolina, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (704) 862-0148 today.