Duties of a Guardian in Cary

Legal guardianship is a significant responsibility, as this title grants you the authority to make numerous decisions about what care your ward receives, where they live, and how their assets, debts, and other obligations are managed. In order to fulfill the duties of a guardian in Cary, it is important that you understand all aspects of the role.

A dedicated attorney could assist in fulfilling your fiduciary duties and ensuring your ward receives quality end-of-life care. If you were recently appointed as a guardian, reach out to a knowledgeable legal advisor for guidance and counsel.

Two Types of Guardianship Responsibilities

Although the guardianship duties listed in North Carolina General Statutes §35A-1251 are occasionally split between two or more parties, it is common for a single person to be named as a general guardian in Cary. This role involves two forms of guardianship, which cover matters related to the elderly ward and their estate.

What are the Obligations of a Guardian of the Person? 

The guardian of the person makes decisions related to the personal care of the elderly Cary resident. This form of guardianship involves duties such as:

  • Taking the ward into their physical custody and providing for their daily needs
  • Arranging any occupational, educational, and/or social activities the ward wants to participate in
  • Ensuring the ward receives necessary medical care and, when necessary, consenting to certain forms of care on the ward’s behalf
  • Ensuring the ward’s personal possessions and property are cared for
  • Seeking counsel from experts to determine what kinds of medical care the ward should receive
  • Adhering to written instructions provided by the ward’s advance directive, if applicable

What Duties Does a Guardian of the Estate Have?

A guardian of the estate has control over the financial side of a ward’s life. This could include taking care of their assets, monetary interests, and professional obligations. The primary function of this type of guardian is to take legal possession of their ward’s estate and care for it with the owner’s best interests in mind.

If a ward has any investments when a guardianship is established, the guardian of their estate would be responsible for managing and liquidating them to pay off outstanding debts. The guardian may also need to manage or operate the ward’s business, maintain or lease the ward’s land, and execute on directives from the ward such as cash advancements to children or grandchildren.

Prohibited Actions for a Cary Guardian

Importantly, North Carolina state law expressly prohibits guardians from taking certain actions. These include, but are not limited to:

  • Borrowing money from their ward or loaning it to someone else
  • Intermingling the ward’s money or assets with their own
  • Transferring legal ownership of the ward’s assets to themselves outside the scope of guardianship
  • Leasing the ward’s land for longer than three consecutive years.

Guardians are also prohibited from consenting to their ward’s sterilization unless the procedure is deemed medically necessary and approved by the court. A local attorney who specializes in guardianship duties could further explain prohibited actions for guardians.

Discuss the Duties of a Guardian in Cary with an Attorney

The specific duties of a guardian in Cary can vary depending on several factors, such as a ward’s physical condition and the types of assets in their estate. Fortunately, patient legal guidance is available to anyone who has questions about what guardianship means for their situation.

A consultation with a well-practiced lawyer could help you feel confident in your rights and duties as a guardian in Cary. Call today to learn more.

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