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Tuesday, July 28, 2009

What is a guardianship in North Carolina?

A guardianship is a legal process where one person obtains decision making authority over another person. It is appropriate when a person can no longer make sound decisions about themselves or their property. It can also be applied if a person is susceptible to fraud or undue influence by others because of infancy, incapacity, or disability.

Courts are given the power to appoint a guardian for an individual who needs such protection. The type of guardianship vary; a person could be appointed guardian of the estate or guardian of the person. Since a guardianship removes the right of an individual to make their own decisions, it should only be used when other alternatives, such as power of attorney, joint checking accounts, living wills, among many others, have been considered.


posted by Carilyn Ibsen at


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