What is a guardianship?

A guardianship is a legal arrangement in which someone (called a guardian) has been appointed by a court to care for and make decisions on behalf of another person (called a ward). In North Carolina, a guardianship can be established for an individual with disabilities or for minors who have been determined to be in need of such legal arrangement. In the case of guardianships for individuals with disabilities, a court will typically appoint a guardian if it finds that the individual is not competent to manage their own affairs. The guardian will be responsible for making decisions regarding the ward’s health care, housing, finances, education, and other matters. By having a guardian, a person with disabilities can be protected from potential exploitation or misuse of their estate or financial resources. To ensure that the person with disabilities is receiving the best possible care and that their rights are being respected, guardianships are monitored by the court. In North Carolina, the court looks to the preferences of the ward when making a guardianship decision. The court also considers the qualifications of the proposed guardian as well as the guardian’s understanding of the ward’s needs and abilities. The court can also appoint a conservator of the estate if needed to manage the ward’s finances. Guardians are typically family members or close friends, but the court may appoint a professional if appropriate.

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