SETTING UP A GUARDIANSHIP
Sometimes our loved ones lose the ability to care for themselves and make their own decisions. If someone in your family needs a guardian to help them make financial or other decisions, we can help you move forward to pursue a court-ordered guardianship.
We can also help if you or a loved one needs to contest a guardianship proceeding against you. Our experienced guardianship attorneys at Cape Fear Law are here to help. Contact us and find out what we can do for you.
WHEN A LOVED ONE NEEDS CARE
It is painful to watch a loved one who can’t care for themselves refuse to get help. Whether they are forgetting to pay bills or leaving the stove on, you worry about their safety.
A guardian of the person is a court-appointed position where you care for the financial and overall care of another person, called the “ward.” Sometimes courts will instead appoint a limited guardianship where the type of care is limited to only specific parts of the ward’s life, such as providing dinner each evening or helping with transportation needs. Courts often try to give as much freedom to the ward as is safe.
Our experienced and knowledgeable attorneys at Cape Fear Law can walk you through each step of the judicial process to obtain a guardianship over another adult who needs help. From first petition to guardianship hearing, we are with you until you achieve success.
WHAT DOES A GUARDIAN DO?
There are three types of guardians in North Carolina including:
- Guardian of the Person makes decisions about care arrangements, living details, medical treatment, and education.
- Guardian of the Estate manages the finances. They may pay bills, file taxes, sell property, receive income from social security, and handle investments.
- General Guardian – A general guardian makes both financial and daily care decisions for the ward’s overall needs.
As a guardian, you must also file an annual report with the court each year. This must include receipts, income, real estate purchases and sales, medical expenses, and any other expenditures. Without turning in an accurate and complete report, you risk going to jail for contempt of court. If you are unsure when or how to file your report, contact us at Cape Fear Law for experienced representation.
“Let our experience help you succeed in bringing about the best outcome in your guardianship case. Contact us today for a free initial consultation and find out how we can help you.”
Contest or Modify Guardianship
You may need to modify a guardianship if the current guardian becomes sick, retires, or dies.
This type of change must go through the judicial system.
We can help you file the necessary forms and move forward to modify the guardianship.
If you’ve had a guardianship claim filed against you and need to prove you are legally capable of caring for yourself, we are here for you.
Well-intentioned loved ones may file for guardianship when it is unnecessary.
We help you keep your independence so you can live on your own terms.
You may also be a family member who wants to contest another family member as guardian.
Perhaps you would make a better guardian or the current guardian is not appropriate.
We work with you to help the court see the best interests of everyone.