Effective January 1, 2024, significant statutory changes are set to impact North Carolina’s adult guardianship laws. These changes to legal guardianship for adults in North Carolina, outlined in Senate Bill 615 (Session Law 2023-124), bring about crucial modifications to existing incompetency and guardianship regulations. Read on for an in-depth look at one key aspect of these changes – the new Notice of Rights requirement – and its implications, especially for Guardian ad Litem attorneys (GALs). Notice of Rights Commencing on January 1, 2024, the new amendment introduces the new G.S. 35A-1117 ..read more

Guardianship is a legal process that allows someone to make decisions and provide care for another individual who cannot do so themselves. In North Carolina, determining incompetence is crucial in guardianship proceedings. Understanding what incompetence means is vital to ensure the protection and well-being of vulnerable individuals. In this blog, we will explore the concept of incompetence in guardianship proceedings in North Carolina. What Does Incompetence Mean? In North Carolina, incompetence has a legal definition as the inability of an individual to manage their affairs effectively due ..read more

If you’re embarking on the journey of establishing guardianship for an adult in need of assistance, or if you’re an adult seeking to safeguard your autonomy against an unwanted guardianship, the guidance of an experienced guardianship lawyer is indispensable. Navigating the intricate landscape of guardianship law in North Carolina demands specialized knowledge and expertise. Whether you’re advocating for the rights and well-being of a loved one or defending your own desire to lead a self-determined life, a skilled attorney can provide invaluable assistance in gathering crucial evidence and pro ..read more

When an older loved one struggles to care for themself, you may question who will help them make decisions. In this case, it’s essential to understand the legal meaning of the word “incapacitation” and find answers for a loved one needing a guardian. You may also want to plan ahead for possible incapacitation in your own life by appointing a power of attorney agent. In the 1970s, courts declared individuals “imbeciles” or “idiots” and appointed guardians to make all decisions on their behalf – resulting in a complete loss of rights for that individual. However, today’s legal language has evolv ..read more

If you have a loved one who has a mental disability or is showing signs of dementia, you may be wondering what the next step is. You want to make sure they get the care and attention they need. One option is to become their legal guardian. This means assuming responsibility for their well-being and making decisions on their behalf. Let’s look at how to become a legal guardian for your loved one. Who Needs a Legal Guardianship? Sometimes adults cannot care for themselves and need someone to act as a quasi-parent. An adult guardianship gives a legally appointed guardian the right to make decisio ..read more

If you have a loved one struggling with daily challenges that limit their ability to care for themselves, they may need a legal guardian. A legal guardian can help in a limited or more hands-on capacity depending on the situation. This article will look at when legal guardianship for adults with disabilities is necessary and how to petition the court. When is Legal Guardianship Necessary? If your loved one struggles to care for themselves daily, they may need help. However, individuals with disabilities also have the right to live independent lives. According to Disability Rights NC (DRNC), in ..read more

If a court appoints you as the guardian of an elderly loved one, it is crucial to understand your duties. As a guardian, you make financial and legal decisions on behalf of your loved one. You also must keep accurate records of all transactions. All of these responsibilities can be a daunting task, but with the help of an experienced attorney, you can successfully serve as the guardian of your loved one. Does Your Loved One Need a Guardian? If you believe your loved one needs a guardian, you can file a petition for guardianship at the Clerk of Court in the county where your loved one lives. Th ..read more

Adult guardianship can be a necessary legal arrangement for those who need it, but it can also be challenging to understand as a guardian. This guide will help explain what guardianship of an adult is, the process for obtaining it, and the responsibilities of a guardian in NC. What is Adult Guardianship? Adult guardianship is a legal arrangement that allows a person to become the legal Guardian of an adult who cannot care for themselves. Their incompetence may come from illness, age, or disability. The guardianship process allows the Guardian to make decisions on behalf of the adult in questio ..read more

If a loved one in your life is struggling to manage their money or take care of themselves, they may need help. But what if they don’t allow you to help in the ways they need assistance? In that case, you can petition the court to appoint a guardian. Some individuals only need support paying their bills or picking up groceries, while others need around-the-clock care. That’s why there are different types of guardianship for adults.  Filing a Petition for Guardianship The first step to asking the court to appoint a guardian is filing a petition. Anyone may file a written petition with the ..read more

If you’re like most people, you have many questions about guardianship in NC. How do you become a guardian? Can you stop being the guardian? How does our state handle guardianship issues such as modification of the guardian? Let’s explore guardianship in NC and the possible issues you may face as a caregiver or family member of a Ward. What is Guardianship in NC? In North Carolina, guardianship is a legal relationship between a person unable to care for themselves (the Ward) and another person or entity (the Guardian) who agrees to assume responsibility for the Ward’s welfare. There are differ ..read more