There are several types of Guardianships in North Carolina. They are generally categorized by the age of the person who needs a Guardian.
Guardianship over children occurs when both parents have passed away and there’s no longer someone who has the legal authority to make decisions. Decisions that need to be made may include day-to-day judgments, financial decisions, or even serious medical decisions. Guardianships over children can also occur even when both or one parent is still alive. Guardianship can take place within the context of the juvenile court as well, but it’s a separate entity and done under a separate statute. It’s also rare but typically occurs in abuse, neglect, and dependency cases.
As for adults, guardianship means having the legal authority to make medical day-to-day decisions, financial decisions, or both of those combined, for a person who no longer can actively do so on their own.
How And When Do You Apply For Guardianship In North Carolina And When Would That Come To An End Or How Long Is It Good For?
For Adults, Guardianships may be applied for no earlier than six months before someone’s 18th birthday and would not come into effect until their 18th birthday. Guardianship becomes appropriate when there is a sound medical opinion that someone no longer can make their own day-to-day decisions. These include medical decisions, their ability to avoid exploitation, their ability to maintain safe and reliable housing, their ability to take their own medications, or their ability to handle their finances.
There are three different types of guardianships in North Carolina. There is a guardian known as the Guardian of the Person who helps make decisions regarding medical and day-to-day needs. There is a guardian known as the Guardian of the Estate who is appointed to handle the finances. And finally, there is a general guardian who is responsible for all aspects. To qualify to become a Guardian over someone the court will look in to your personal history to determine if you are a good fit. A person who has a Guardian is legally known as a Ward.
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