If you wish to become the guardian of another adult, it is crucial to understand the process behind these appointments. A guardian has almost unlimited power to control the life of another person. As a result, courts will only grant this power when it is clear that a ward is unable to care for their own wellbeing. In addition, guardians carry a strict duty to only act in the best interests of their wards.
The process for becoming a guardian in Wake Forest is necessarily strict. A knowledgeable attorney could explain the duties involved in being a guardian and the important factors that go into the court’s decision. If you believe that a family member or loved one needs this protection, reach out to our firm today.
As a general rule, all people have the power and ability to control their own affairs. Courts will only intervene to change this right if it becomes clear that a person is incapacitated and unable to make their own decisions. Those asking for guardianship powers have the burden of demonstrating the need for this order.
An inability to control one’s affairs may result from a physical injury. Especially for patients in a coma or vegetative state, a guardianship order may be the best choice to ensure that person’s wellbeing. Mental health issues, such as Alzheimer’s Disease or dementia, could also result in a loss of cognitive ability that necessitates a guardianship order. An experienced lawyer could help Wake Forest residents determine whether a guardianship is appropriate for their particular situation.
A guardian has substantial power to control the life of their ward. Accordingly, courts will only grant this power if it is absolutely necessary. The party who wishes to become a guardian bears the burden of proving the need for the order.
To accomplish this, North Carolina General Statute § 35A-1111 states that the court can request a multidisciplinary evaluation. This paperwork, completed by a doctor, evaluates the proposed ward’s ability to care for their own needs.
Because other people may want to have a say in the matter, part of the guardianship application process involves providing notice to potentially interested parties. These people will have the chance to object to the proposed arrangement.
The court will also provide an attorney for the proposed ward called a guardian ad litem. This attorney’s role is to protect the interests of the proposed ward during all guardianship hearings. A lawyer at our firm could provide more information about all the legal requirements in the process of becoming a guardian in Wake Forest.
If you are seeking guardianship orders from the court, you must prove that the proposed ward is incapacitated. This usually involves a combination of medical records, financial data, and a multidisciplinary report. Additionally, other concerned family members have the right to weigh in on the proposed guardianship, and the court will appoint an attorney to represent the ward’s interest.
It is important to have legal guidance and counsel on your side throughout these proceedings. A lawyer could answer your questions about becoming a guardian in Wake Forest and help gather the necessary information. Call today to discuss your situation with a skilled member of our team.