Guardianship

in North Carolina

What is Guardianship in North Carolina?

Guardianship in North Carolina refers to a legal arrangement where a court appoints an individual or entity to make decisions for someone who is unable to make decisions for themselves due to incapacity. This could include minors, adults with disabilities, or elderly individuals who are no longer able to manage their affairs. The guardian is responsible for making decisions regarding the person’s healthcare, living arrangements, finances, and other important matters to ensure their well-being. The process of establishing guardianship involves filing a petition with the court, providing evidence of the person’s incapacity, and demonstrating that appointing a guardian is in their best interests.

What Types of Guardianships are there in North Carolina?

Guardianship of a Person – The guardian is tasked with ensuring the ward’s well-being, providing for their needs such as shelter and healthcare, as well as their overall upkeep. For a minor, this includes ensuring they receive education, moral guidance, and spiritual nurturing. Further duties and authorities of the guardian can be found at C.G.S. 35A-1241.

Guardianship of an estate – with responsibility for administering the ward’s estate (assets and debts) in the ward’s best interest. Additional duties and powers of the guardian of a minor’s estate are found at C.G.S. 35A-1252 and 35A-1253.

General Guardian – encompasses a person and estate

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