Why I like working on Guardianship cases

These cases have been very rewarding to work on. I have met families, friends and individuals that care very deeply about people who face challenges that many of us would view as insurmountable. It makes a person appreciate life and acknowledge the joy in life that is often taken for granted.

How do you establish a guardianship in North Carolina

In North Carolina, a guardianship proceeding is initiated by filing appropriate documents with the Clerk of Court. If the alleged incompetent person resides in Mecklenburg County, that is where the guardianship proceeding should be filed. In Mecklenburg County, the Clerk can appoint counsel, a guardian ad litem, to act upon the individual's behalf during the proceeding. A hearing date will be set. At that hearing, the clerk will decide whether to dismiss the petition or declare the individual incompetent.

What does a guardian of the estate or person do?

A guardian will always act in the best interest of the person. A good guardian will take into account the wishes of the person when making decisions about residence location, medical treatment, or even a job opportunity. You might question the necessity of a guardian if the person is capable of working. This can happen often.
An example would be a child with Down Syndrome. Upon turning 18, a child becomes an emancipated adult under the law. After turning 18, parents no longer have the right to make decisions for their child or the legal right to sign documents on their behalf. While many with Down Syndrome can make informed decisions and simply need guidance from others, some cannot. A guardianship can be appropriate in some situations to protect a young adult from having their rights violated or ignored.

When a guardianship becomes necessary

I have spoken to many who care for individuals with serious mental conditions such as Alzheimer's; they have stated that their decision making authority is heavily questioned even with a power of attorney. Oftentimes health care institutions or general institutions will require that the power of attorney be reviewed by their attorneys before they will honor it. This can be incredibly upsetting when faced with an immediate medical or economic decision. At a certain point, a guardianship needs to be considered.

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.