Practice Area
Guardianships
Guardian of the person and guardian of the estate proceedings, standby guardianships, and minor-child guardianships in North Carolina Superior Court.
When an adult can no longer manage their own affairs, or a minor inherits property or loses a parent, North Carolina law provides for a court-appointed guardian. Guardianship proceedings run under Chapter 35A of the General Statutes and are heard before the Clerk of Superior Court. The firm handles these matters with the care a family situation deserves.
Types of guardianship
- Guardian of the person — authority over the ward’s care, housing, and medical decisions.
- Guardian of the estate — authority over the ward’s money and property, with accountings filed and approved by the Clerk.
- General guardian — both roles in one appointment.
- Guardianship of a minor — for a child who has lost a parent or who receives an inheritance or settlement.
- Standby guardianship — allowing a parent to name a guardian to step in on the parent’s death or incapacity.
How the process works
A guardianship of an adult begins with a petition to adjudicate the person incompetent. The Clerk appoints a guardian ad litem, holds a hearing, and — if the evidence supports it — enters an adjudication and appoints a guardian. The firm prepares the petition, guides the family through the hearing, and handles the inventory and annual accountings a guardian of the estate must file.
Alternatives worth considering
Guardianship is a significant step and removes rights from the ward. Where a durable power of attorney or health care power of attorney is already in place, full guardianship may be unnecessary. The firm will tell you honestly whether a less restrictive option meets your family’s need before petitioning the court.
Common Questions
When is a guardianship needed?
A guardianship may be needed when an adult can no longer manage their personal or financial affairs, or when a minor inherits property or loses a parent and needs someone appointed to act.
What is the difference between guardian of the person and guardian of the estate?
A guardian of the person handles care, housing, and medical decisions. A guardian of the estate manages money and property and files accountings with the Clerk. One person can serve in both roles as general guardian.
Can guardianship be avoided?
Sometimes. Where a durable power of attorney or health care power of attorney is already in place, a full guardianship may be unnecessary. The firm will tell you honestly whether a less-restrictive option meets the need.
Where are guardianship cases heard?
Guardianship and incompetency proceedings are heard before the Clerk of Superior Court in the county where the person lives, including Clay, Cherokee, Macon, and Graham counties.