A guardian plays an essential role in protecting the well-being of their ward. This person has an obligation under the law to act in their ward’s best interests. Accordingly, you should only accept the role of guardian if you are willing to put in the necessary work to properly fulfill this job. A failure to do so could lead to repercussions, such as censure from the court.
If you are considering taking on this role, discuss the duties of a guardian in Wake Forest with a knowledgeable attorney. A lawyer could help you understand what it means to be a guardian and how to avoid any potential legal troubles.
Guardians hold substantial power over other people, so the process of establishing a guardianship is necessarily complex. To receive this power, a prospective guardian must provide substantial information to the court. A dedicated attorney could help gather these documents and inform a prospective guardian of their duties throughout the court hearing process.
According to North Carolina General Statute § 35A-1111, the court will usually demand that a proposed guardian obtain and submit a multidisciplinary evaluation. This document includes an assessment by a doctor or social worker examining a ward’s ability to care for their own needs. If these professionals believe that a guardianship relationship is necessary, the court will consider this as positive evidence in the hearing.
A proposed guardian also has a duty to notify other interested parties, such as a ward’s relatives, that they are pursuing a guardianship arrangement. These people have the right to contest the appointment.
Once a court accepts a petition for guardianship, that party may take several actions to protect the well-being of their ward. This requires a guardian to understand their powers under the law as well as their responsibilities.
According to North Carolina General Statute § 35A-1241, guardians have the power to make decisions concerning almost every part of their ward’s life. This includes:
Above all, the guardian must be sure to act in the ward’s best interest. Guardians have a legal duty towards their wards to act in a reasonable manner and use the ward’s funds only for their benefit. Parties who violate this obligation may face an investigation by the court or legal action by the ward’s estate. An attorney in Wake Forest could help educate guardians on their duties and responsibilities under state law.
Being a guardian comes with both power and responsibility. Guardians must take every reasonable step to care for the well-being and finances of their wards. To achieve this, they are granted significant powers to control assets and make decisions on behalf of their wards.
This balancing act can create confusion for many people taking on this position. If you are stepping into this role, discuss the duties of a guardian in Wake Forest with a well-practiced attorney. Speaking with a lawyer could provide greater insight into the guardianship process and help you successfully fulfill your responsibilities. Call our firm today for more information.