What Triggers Guardianship In North Carolina?
There are several ways that guardianship can be triggered in North Carolina. Specifically, guardianship is triggered when it has been petitioned for in court.
Any person can bring a petition for guardianship to the court. This is done by filing a petition to adjudicate incompetency and appoint a guardian. This can be done with or without filing a motion for an emergency guardian.
How Courts Determine That Guardianship Is Necessary?
A potential guardian should bring evidence of the ward’s self-neglect to their appointment in the form of pictures depicting the problem areas. This will help the court make a decision about whether or not guardianship is necessary.
The court will need to see evidence of why there is a need for protection, such as voicemails, screenshots, and text messages, if the concern is mental health-related. If the concern is for an elderly person, then photographs of medication bottles and lists of other medications that the person has access to would be helpful.
If you have a loved one with an intellectual disability who cannot communicate on their own, psychological evaluations and reports can be very helpful to attorneys in understanding the individual’s needs and what kind of care they may need going forward.
What’s more, having this information can help create a more comprehensive plan for the individual’s care.
The Rights Of Individuals Under Guardianship
North Carolina law narrowly tailors guardianship to each individual’s needs. These guardianship laws are in place to ensure that vulnerable people are not taken advantage of financially.
When a person goes through the guardianship process, they have certain rights. One of these rights is the right for the person petitioning to prove that there is a need for guardianship. Equally, another right is the right for guardianship to be as limited as possible to meet the needs of the protected person.
How A Guardian Is Chosen?
When someone cannot take care of themselves or make decisions, a guardian can be appointed by the court. Usually, someone starts a guardianship proceeding by requesting that they, or someone else, be named the guardian. When a petition is made, family members must be notified, and anyone can volunteer.
After an adjudication phase determines whether or not a person needs a guardian, the court must decide who is most qualified for the role. The court will often choose family members as Guardians, but there are guidelines to determine if someone qualifies.
Certain guidelines must be met to be appointed as a guardian in a legal case. One of these is whether or not the party has ever been convicted of a felony or a crime involving moral turpitude. (Moral turpitude refers to a dishonest crime.) Another guideline is whether or not the party can be bonded, meaning if they can get insurance coverage in case they ever steal from the ward’s finances.
When insurance companies are determining whether or not to provide coverage, they take into account credit scores and assets just as if the policy were for any other type of asset. This helps them evaluate the risk involved in insuring an individual.
For more information on Guardianships Law in North Carolina, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (980) 324-3099 today.
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