WHY CHOOSE BREEDEN LAW OFFICE:
25
+Years of Experience
4
+Office Locations
20
+Attorneys and Staff Members
1,000
+Clients Served
300
+5-Star Reviews
How Guardianship Works in North Carolina
Guardianship is a legal status granted by a court that allows one person to make decisions on behalf of another who lacks the legal capacity to do so independently. Under North Carolina law, a guardian is responsible for managing financial, medical, and personal matters for an incapacitated individual. The person who requires assistance is known as the ward.
Guardianship issues can be complex and emotionally challenging. Our Raleigh-area family law attorneys help individuals and families understand guardianship, the court process, and the responsibilities involved. Breeden Law Office serves clients throughout Raleigh and Wake County, with offices in Cary, Wake Forest, and Garner.
Types of Legal Guardians in North Carolina
North Carolina law recognizes three primary types of guardians who may act on behalf of a ward:
Guardian of the Person
A guardian of the person may be appointed when the ward needs help with personal and medical decisions. This may include health care, education, living arrangements, and other daily needs.
Guardian of the Estate
A guardian of the estate is responsible for managing the ward’s financial affairs when the ward cannot do so independently. The estate may include real estate, bank accounts, investments, Social Security benefits, and other assets.
General Guardian
When it is appropriate for one individual to manage both personal and financial matters, the court may appoint a general guardian to oversee all aspects of the ward’s affairs.
In some situations, the court may appoint a business entity or professional to serve as guardian. For example, a healthcare facility may be appointed when specialized medical oversight is required, or a financial professional may be necessary when the ward has complex assets.
If you have questions about which type of guardianship applies to your situation, a Raleigh guardianship attorney can help you evaluate your options.
Responsibilities of a Guardian in North Carolina
Guardians in North Carolina are held to strict legal standards. Under the “prudent person” rule, guardians must act with the same care and judgment they would use when managing their own affairs under similar circumstances.
Duties of a Guardian of the Person
A personal guardian’s responsibilities may include:
- Scheduling and attending medical appointments
- Managing prescription medications
- Providing consent for medical treatments and procedures
- Arranging living accommodations or assisted living placement
- Coordinating in-home care services
- Addressing educational and developmental needs
- Taking other actions necessary to serve the ward’s best interests
Duties of a Guardian of the Estate
An estate guardian’s responsibilities are focused on financial management and may include:
- Applying for Social Security Disability, SSI, or other public benefits
- Collecting rent and managing real property
- Monitoring bank accounts, investments, and personal property
- Making responsible financial decisions to support the ward’s care and well-being
Breeden Law Office assists not only with filing guardianship petitions but also with advising guardians on their ongoing responsibilities. Failing to meet these obligations can result in serious legal consequences, making experienced legal guidance essential.
Common Guardianship Situations in Raleigh & Wake County
Guardianship often becomes necessary in two primary situations:
- An adult loved one becomes unable to manage personal or financial affairs due to physical illness, cognitive decline, or mental health conditions
- A minor child requires a legal guardian because children lack the legal capacity to make medical, financial, or contractual decisions
Under North Carolina law, guardianship is typically temporary. Guardianship over a minor ends when the child reaches adulthood. Similarly, guardianship over an adult may end if the individual regains capacity.
Because the guardianship process is legally complex, a Raleigh guardianship lawyer can explain your rights, obligations, and options, whether you are seeking appointment or responding to a petition filed by someone else.
Related Guardianship Topics
North Carolina’s Guardianship Court Process
If guardianship is appropriate for your family, understanding the court process can help you prepare. Even with a Raleigh-area guardianship attorney representing you, knowing what to expect can reduce uncertainty.
Incompetency Proceedings
For minors, incompetency does not need to be proven because children lack legal capacity due to age alone.
For adults, the court must first determine whether the individual lacks the capacity to manage personal or financial affairs. Medical records and testimony from healthcare providers are often used to establish incompetency. Other family members or the proposed ward may challenge the allegations.
Requesting Appointment as Guardian
Once incompetency is established, the court must decide who should be appointed as guardian. If multiple parties seek appointment, the court will evaluate who is best suited to serve the ward’s interests.
Appointment of a Guardian ad Litem
The court may appoint a guardian ad litem to protect the ward’s legal rights. This individual investigates the ward’s living conditions, interviews relevant parties, and reports findings and recommendations to the court.
Court Hearings
Some guardianship cases are straightforward, while others require extensive court involvement. Disputes may involve:
- Whether the individual is truly incapacitated
- Who should serve as guardian
- Whether specialized medical or financial guardians are required
When hearings are necessary, the process may resemble a trial, with motions, evidence, and witness testimony. An experienced Raleigh guardianship attorney can advocate for you at every stage.
Advance Planning Tools for Guardianship
Guardianship can often be avoided through advance planning. By creating legal documents while you have capacity, you can control who makes decisions on your behalf if you become incapacitated.
Durable Financial Power of Attorney
This document allows you to appoint an agent to manage your financial affairs. Naming a successor agent is recommended in case your primary agent is unavailable.
Healthcare Power of Attorney
A healthcare power of attorney authorizes someone to make medical and personal decisions for you if you are unable to do so yourself.
Proper legal advice is critical when creating advance directives. A Raleigh guardianship attorney can explain how these tools work and ensure they align with your goals.
How to Modify Guardianship in NC
Circumstances change, and it’s important to know how to change a guardianship if necessary. Our Raleigh guardianship attorneys can help you through the process.
Watch Video
How a Raleigh Guardianship Attorney Can Help
North Carolina law does not allow you to manage another person’s personal or financial affairs without legal authority. Even when you are willing and able to help, court approval or proper legal documentation is required.
Obtaining guardianship involves detailed paperwork, strict deadlines, and court appearances. A Raleigh-area guardianship attorney can guide you through the process, represent you in Wake County courts, and help you understand your responsibilities once appointed.
Attorney Jonathan Breeden has helped families across Raleigh and Wake County navigate difficult guardianship matters. His approach focuses on clear communication, practical guidance, and protecting both wards and guardians throughout the process.
Hear from Our Clients
Breeden Law offered exceptional service. I felt extremely comfortable talking with Jonathan and the office staff was pleasant and organized.
Mr. Breeden was very professional. He gave me honest input regarding possible outcomes of my case. He was very responsive when I had a question and when responding to emails. He knows custody law very well and got me exactly what I wanted with regards to my case. I would definitely use him again if needed.
A custody battle is never easy; even harder when you are a grandparent seeking custody. Jonathan Breeden handled our case with great diligence, but oh so delicately. I received full, permanent custody, with no harsh feelings from any parties concerned. Together with Jonathan, there was even suitable visitation arrangements made.