Fayetteville Guardianship Attorneys

Helping You Establish & Resolve Legal Guardianships

When someone is unable to care for themselves or their children, a legal guardianship can be created. A guardian is a person appointed by a judge to care for and manage the affairs of another person. The person for whom a guardian is appointed is called the “ward.”

At Rand & Gregory, Attorneys at Law, we understand that making the decision to establish a guardianship for yourself or a loved one is not an easy one. Our Fayetteville guardianship lawyers are here to help you through the process. We can also help you resolve any disputes that arise in connection with a guardianship.

Call (910) 684-4049 or contact us online to schedule a consultation with our team.

Types of Guardianships

It is important to understand that there are different types of guardianships, and the type of guardianship you need to establish depends on the particular circumstances involved. Our Fayetteville guardianship lawyers can help you determine the type of guardianship that is appropriate for your situation.

The most common types of guardianships include:

Guardianship of the person – This is a legal relationship between a guardian and a ward that gives the guardian certain rights and obligations regarding the care of the ward.
Guardianship of the estate – This is a legal relationship between a guardian and a ward that gives the guardian certain rights and obligations regarding the ward’s property.
General guardianship – This is the most common type of guardianship and simply means that the guardian has the authority to make all decisions for the ward, including decisions about the ward’s personal care and property.
Limited guardianship – This type of guardianship is appropriate when the ward can make some decisions but not others.
Temporary guardianship – This type of guardianship is appropriate when an emergency exists that requires the immediate appointment of a guardian.
Testamentary guardianship – This type of guardianship is established by a will and does not go into effect until the testator dies.

Our Fayetteville guardianship lawyers can explain the different types of guardianships in more detail and help you determine the type of guardianship that is appropriate for your situation.

Call (910) 684-4049 or contact us online to schedule a consultation with our team.

Requirements for Establishing a Guardianship

Under North Carolina law, the following requirements must be met in order to establish a guardianship:

The ward must be a minor or an incompetent adult.
The guardian must be at least 18 years old and of sound mind.
The court must find that a guardianship is necessary to provide for the ward’s care or management of property or both.

It is important to understand that a guardianship will not be established if the court finds that a less restrictive alternative to a guardianship is available. For example, if a minor’s parents are alive and capable of caring for the minor, a guardianship will not be established.

How to Establish a Guardianship

Once you have determined that a guardianship is necessary, the first step is to file a petition with the court. The petition should contain the following information:

The name and address of the petitioner and the name and address of the proposed guardian.
The name, age, and address of the ward and the reason why a guardianship is necessary.
The relationship of the proposed guardian to the ward.
A general statement of the assets of the ward and their value.
The name and address of the person having custody of the ward.
The names and addresses of the nearest relatives of the ward.

Once the petition is filed, the court will set a date and time for a hearing on the petition. Notice of the hearing must be given to the ward and certain other people or entities. If the ward is a minor, notice must be given to the following people:

The minor’s parents, if living, or the minor’s surviving parent.
The minor’s guardian, if one has been appointed.
The person having custody of the minor.
The minor, if the minor is 14 years old or older.

If the proposed ward is an incompetent adult, notice must be given to the following people:

The proposed ward’s spouse and the proposed ward’s next of kin.
The proposed ward’s guardian, if one has been appointed.
The person having custody of the proposed ward.
The proposed ward.

At the hearing, the petitioner will be required to present evidence to the court to establish the following:

The ward is a minor or an incompetent adult.
The petitioner is a suitable person to serve as the guardian.
The ward’s best interests will be served by the establishment of a guardianship.

If the court agrees that a guardianship is necessary, the court will issue an order establishing the guardianship. The order will specify the powers and duties of the guardian, which may include the power to make decisions regarding the ward’s personal care and property.

How to Resolve a Dispute Regarding a Guardianship

There are several reasons why a dispute may arise in connection with a guardianship:

One or more people may believe that a guardianship is necessary, but the proposed ward disagrees.
One or more people may believe that a guardianship is not necessary, but the proposed ward disagrees.
One or more people may believe that a person appointed as a guardian is not suitable to serve as the guardian.
One or more people may believe that a person appointed as a guardian is not acting in the ward’s best interests.

Our Fayetteville guardianship lawyers can help you resolve a dispute regarding a guardianship. In some cases, a dispute can be resolved through negotiation. In other cases, litigation may be necessary. Our attorneys are skilled litigators and are prepared to represent you in court if necessary.

Call Rand & Gregory, LLC for a Consultation

Are you interested in establishing a guardianship for yourself or a loved one? Do you need to resolve a dispute regarding a guardianship? Rand & Gregory, Attorneys at Law can help.

Call (910) 684-4049 or contact us online to schedule a consultation with our team.