Sadly, certain life events can make a person unable to care for their own affairs. In these unfortunate circumstances, it is important to consider who will make medical decisions, financial choices, or property transfers on behalf of the incapacitated individual.
The law allows a concerned party to petition the court for appointment as guardian. A guardian has full control over a person’s medical choices and finances, but this power comes with great responsibility. A party seeking Guardianship must be able to show that their reasons are proper and that proposed ward truly needs this care.
If you wish to provide necessary care for your loved one, a Wake Forest Guardianship lawyer could advise you on pursuing this legal option. A knowledgeable attorney can explain the state’s Guardianship laws, help gather the relevant information, and assist with submitting applications to the court.
A person who receives Guardianship powers has complete control over the life of another person, known as a ward. This means that a guardian can make various decisions about their ward’s present and future. Because a guardian has so much power over their ward, the courts only grant these orders if it is absolutely necessary.
In short, a Guardianship order is appropriate when a person suffers from a mental or physical incapacity that leaves them unable to make their own life decisions. To demonstrate this, a person seeking Guardianship powers must obtain a multidisciplinary evaluation from medical professionals. According to North Carolina General Statutes § 35A-1111, the court will determine based on this document whether or not to grant a guardianship order.
A knowledgeable attorney at our firm can provide more information about when a Guardianship is appropriate and what a petitioner needs to prove in the Wake Forest court.
A guardian is given significant power over their ward. This includes the full authority to make decisions concerning the ward’s medical, legal, and property rights. For example, a guardian may decide:
However, this broad authority also comes with significant responsibility. Above all, a guardian must act in the best interests of their ward. This may include finding a living space within state limits, making reasonable decisions concerning medical care, and not squandering assets.
If a third-party suspects that a guardian is not properly fulfilling their duties, they may petition the court to reexamine the Guardianship relationship. In extreme cases, a court may censure a guardian, or a subject’s estate may pursue a lawsuit alleging a breach of duty. As such, potential guardians should consult an experienced attorney in their area to learn the rights and obligations of the role before pursuing a Guardianship arrangement.
A Guardianship can be a powerful way of providing care for a loved one when they are no longer able to manage their own needs. To establish this arrangement, you must first convince a court that the person is mentally or physically incapacitated by presenting a multidisciplinary report.
Obtaining a Guardianship order can be a complex process, but our skilled legal team could provide crucial assistance. A Wake Forest Guardianship lawyer can explain the relevant laws, assist with the preparation of petitions, and collect evidence to support your case. A legal advisor at our firm can also help guardians understand their role under the law and properly fulfill their duties. Reach out to our team today to discuss your situation.