Guardianship
Statesville Estate Planning Lawyers
If your parent, spouse, or other loved one cannot care for themselves any longer, and there is no viable Power of Attorney already in place, he or she may need a guardian appointed. Once appointed as Guardian, the person that you have guardianship over is referred to as the “Ward.” The Guardian is responsible for most every decision regarding the Ward and their money, residential arrangements, among other things.
There are different types of guardians, such as a guardian of the person, a guardian of the estate, and a general guardian. Attorney that handle guardianship matters can strategize and assist you in achieving the appropriate and desired outcomes.
How We Can Help You Become A Guardian
Our firm represents individuals seeking to obtain guardianship over individuals no longer able to manage their own affairs. Sometimes with age, illness, or intellectual disabilities comes the need to file such a proceeding to efficiently manage the care and assets of a family member. Our office also represents individuals listed as interested parties who wish to participate in the guardianship proceeding.
What Are The Duties Of A Guardian Once Appointed?
There are three types of guardianship established in North Carolina.
Guardian of the Person – A guardian of the person is someone who is appointed to make decisions about living arrangements, medical treatment, education, and anything that helps with the Ward’s general overall wellbeing. These duties may include taking the ward to doctors’ appointments, making sure they live somewhere safe and are able to be taken care of if they can’t do something on their own.
Guardian of the Estate – A guardian of the estate is someone who helps with and manages finances. This may include paying bills, selling real estate, and otherwise handling the Ward’s accounts or social security payments. This type of guardian is expected to provide an inventory of the Ward’s assets to the court, as well as an annual accounting to the court for the Ward’s assets. This type of guardian also has to hold a special insurance policy during their appointment, also known as a fiduciary bond.
General Guardian – A general guardian is someone who is a combination of a guardian of the person and guardian of the estate. This means making both financial decisions and decisions about the Ward’s wellbeing, including medical decisions for them. This type of guardianship also must complete the necessary accounting to the clerk and hold a fiduciary bond during their time appointed as guardian.
Our firm can help you navigate the initial guardianship hearing, the accountings required by the court, or any other motions to modify the guardianship in subsequent years after appointment.
COMPREHENSIVE PLANNING SERVICES
START HERE
Connect with your lawyer using this form.
Trusted & Established Legal Guidance Since 1932
As a family-owned law office serving the greater Statesville area, we take pride in the service we have provided for other families throughout the area. We believe that estate planning is one of the most important matters you can undertake to ensure your wishes are carried out and your assets and loved ones are protected.
Estate plans can be simple or complex, depending on your needs, family dynamics, property and other assets, and more. Putting together an individualized estate plan can provide many benefits, from peace of mind to the avoidance of probate, the reduction of potential family or beneficiary conflicts, the minimization of tax consequences, and more. Let us walk you through your options and develop an estate plan that will be right and beneficial for you and your family.