Guardianship is a legal process in North Carolina used to protect adults who are unable to manage their own affairs due to mental illness, intellectual disability, dementia, brain injury, or other conditions affecting decision-making capacity.
Through guardianship, a court appoints a responsible person or entity to make decisions for the individual, known as the “ward.” Guardianship is designed to safeguard the ward’s well-being and property while ensuring that decisions are made in the person’s best interests.
The process typically begins with filing a petition, more specifically referred to as a special proceeding, for adjudication of incompetence with the clerk of superior court in the county where the individual resides.
The court will appoint a guardian ad litem, who must be an attorney, to represent the respondent (the person alleged to be incompetent) and may order medical or psychological evaluations to help in determining if the respondent needs a guardian.
A hearing is then held where the clerk reviews evidence and determines whether the person lacks the capacity to manage their own personal or financial affairs. If the clerk finds the individual incompetent, the court will appoint a guardian.
Depending on the circumstances, the court may appoint a guardian of the person, a guardian of the estate, or a general guardian who handles both personal and financial matters.
Serving as a guardian carries significant responsibilities. A guardian of the person is responsible for making decisions related to the ward’s living arrangements, healthcare, and overall well-being.
A guardian of the estate manages the ward’s financial matters, such as paying bills, managing investments, and protecting property. Guardians must act in the ward’s best interests, keep the ward’s funds separate from their own, and comply with all reporting and accounting requirements imposed by the court.
Because guardianship involves substantial authority over another person’s life and property, North Carolina courts carefully supervise guardians. Guardians are typically required to file periodic reports or accountings and must seek court approval for certain major decisions, such as selling real estate or making significant financial transactions.
Anyone considering seeking guardianship or serving as a guardian should understand both the legal process and the ongoing obligations involved to ensure the ward’s rights and interests are fully protected.
Guardianship is considered a means of last resort and considerations must be given to what the court defines as “least restrictive alternatives” before the appointment of a guardian.
If you are considering guardianship for a family member or loved one and would like to explore this as a option, feel free to contact our office and we would be happy to assist.