Guardianship Attorney in Wilmington, NC

What Is Guardianship?

Guardianship is a court-supervised legal relationship in which one person (the guardian) is appointed to make personal and/or financial decisions for another person (the ward) who lacks the capacity to make those decisions themselves. In North Carolina, guardianship proceedings are handled by the Clerk of Superior Court.

Types of Guardianship in North Carolina

Guardian of the Person

A guardian of the person has authority to make personal decisions for the ward, including decisions about housing, medical care, and daily activities.

Guardian of the Estate (Conservator)

A guardian of the estate (sometimes called a conservator) has authority to manage the ward's financial affairs, including assets, income, and expenses.

General Guardian

A general guardian has authority over both the person and the estate.

When Is Guardianship Necessary?

Guardianship is typically sought when a person has become incapacitated due to dementia, Alzheimer's disease, a serious illness, or a disability, and does not have valid powers of attorney in place. It is also used for adults with developmental disabilities who have reached age 18.

Alternatives to Guardianship

Guardianship is a significant legal intervention that removes rights from the ward. Less restrictive alternatives — such as a durable power of attorney, healthcare power of attorney, or representative payee arrangement — should be considered first. This is why proactive estate planning with powers of attorney is so important.

The Guardianship Process in North Carolina

The guardianship process involves filing a petition with the Clerk of Superior Court, a hearing, a medical evaluation of the proposed ward, and appointment of a guardian ad litem. David E. Anderson PLLC guides families through each step of this process.