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Adult Guardianship Comprehensive. Solution-Focused. Individualized.

Charlotte Adult Guardianship Lawyer

Guardianship is the process of petitioning the court for the authority to manage the finances and/or care of an adult who is unable to manage his or her own affairs or communicate important decisions regarding his/her care. Such incapacity may be due to mental illness, retardation, injury or disease. Merely having a disability or disease or making poor or irrational decisions is not enough to establish incompetency.

There are two main factors. First, the Clerk of Court must make a determination that the adult lacks competence and is in need or guardianship. Then, the Clerk determines who is best able to fill this role. This may or may not be the person who files the guardianship petition.

In North Carolina, there are three types of guardianship:

  • Guardian of the person – authority over personal decisions such as where the Ward (the incompetent adult) lives, or medical care to be rendered. A guardian of the person has no control over the Ward’s finances.
  • Guardian of the Estate – authority to make financial decisions and controls the Ward’s money and assets. A guardian of the estate has no authority to make medical decisions or determine living arrangements.
  • General Guardian – combines the powers of guardian of the person and guardianship of the estate.
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