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The courts can appoint someone to be a “guardian” for someone else when that person is not competent to make decisions themselves, usually due to disability or illness.

Guardianship is an important part of North Carolina law, but the laws and regulations surrounding it are complex. If you are considering guardianship for a family member, or need help modifying an existing guardianship, a guardianship lawyer can help determine the options for all concerned and guide you through the process.

Triad Legal Group handles guardianship matters. We are a nonprofit law firm focused on providing low-cost or free legal services to people with low or moderate incomes.

Guardianship is sometimes the best way to ensure someone receives the care and support they need to live their best possible life, and that medical, legal and financial decisions are made in that person’s best interest. There are, however, alternatives to guardianship that may be better in some circumstances.

If you are considering guardianship or an alternative to guardianship, we can help. Call Triad Legal Group or TAP 336-560-5400 to speak to an attorney.

Guardianship

For Children

Guardianship is sometimes the best way to ensure someone receives the care and support they need to live their best possible life, and that medical, legal and financial decisions are made in that person’s best interest. There are, however, alternatives to guardianship that may be better in some circumstances. Some of the alternatives include:

  • Durable power of attorney and health care power of attorney
  • Advance directive for natural death (“living will”) and advance directive for mental health treatment
  • Representative payee
  • Joint bank accounts for managing money
  • Special needs trusts
  • Home health care services, which can assist people with activities of daily living
  • Informal support and supported decision making

Guardianship

for Adults

In some cases, a “limited guardianship” is a better choice than a conventional guardianship. Courts make decisions about guardianship based on the individual circumstances.

Guardianship is often used in cases such as a child who has a mental illness or disability is turning 18, or when an elderly person is no longer able to make competent decisions due to disability, diseases such as Alzheimer’s that affect their memory and cognition, or other medical conditions.

Whatever the circumstances, guardianship carries with it moral and legal responsibilities. These include status reports filed under oath with the court.