How can a person become a guardian?

In North Carolina, a person can become a guardian for another person in a variety of ways. The most common way is through a court-appointed process. This process starts with a petition for guardianship being filed in the county where the person needing a guardian resides. Once the petition is filed, the court will review the petition and may require additional documents to be filed before making its decision. If the court believes that a guardianship is necessary, a hearing is scheduled where the petitioner must present evidence to the court to prove that a guardianship is necessary. The court must also be satisfied that the proposed guardian is suitable to become the guardian. If the court approves of the guardianship, it will issue a court order, known as a “Letters of Guardianship,” granting the prospective guardian the authority to make decisions on behalf of the person in need. The guardian will then be responsible for managing the person’s finances, ensuring that they receive necessary healthcare, and advocating for their best interests. In addition to this court-appointed process, a person can also become a guardian by a formal agreement with another adult. For example, a parent may agree to become the guardian of their child or an adult might agree to become the guardian of a younger sibling. This agreement must be in writing; otherwise, it will not be legally binding. Finally, a person can become a guardian by being appointed through a living trust or through a power of attorney. With a living trust, the person creates a document that spells out who they would like to be their guardian in the event of their incapacitation. With a power of attorney, the person gives another person the authority to manage their affairs should they become incapacitated. Regardless of which method is used, it is important that the person appointed as the guardian is trustworthy and has the best interest of the person in need at heart.

Related FAQs

How do you select a guardian?
What is a power of attorney?
Can a guardian make medical decisions on behalf of a ward?
Can a guardian be removed?
Can a guardian be held accountable for their actions?
What type of guardianship is best for a special needs child?
What is a court-appointed guardian?
What are the responsibilities of a guardian ad litem?
Can a minor consent to a guardianship?
What is a voluntary guardianship?

How can a person become a guardian?

Related FAQs

Related Blog Posts