How are guardianship decisions made?

In North Carolina, guardianship decisions are made based on the best interests of the person who requires guardianship. Guardianship is a legal process that allows a person (the guardian) to make decisions on behalf of another person (the ward), who may be legally incapable of making decisions for themselves. The court has the authority to decide who will be guardians for the person in question. A petition for guardianship must be filed with the court, typically by the person’s parent, a public official with oversight of the person’s care, or a close friend or relative. The court will review the petition and decide if guardianship is necessary and if a guardian should be appointed. The court may also appoint a guardian ad litem, which is a person appointed to represent the interests of the ward. This person may investigate the facts of the case and provide an opinion to the court regarding the best interests of the ward. The guardian ad litem will make a recommendation to the court as to who the best guardian should be. Finally, the court will consider all of the evidence and make a decision about who should be the guardian of the ward. The court may also set up a plan on how the guardian will manage the ward’s estate and make decisions on their behalf. The court will review the guardianship periodically to ensure it is working in the best interests of the ward.

Related FAQs

What is the process for appealing a guardianship decision?
Can guardianship be denied by the court?
How can a guardian be removed from their position?
How is a guardianship revoked?
What is a permanent guardianship?
How is a guardianship petition filed?
How is a conservatorship different than a guardianship?
What are the powers and duties of a guardian?
What is a guardian ad litem?
What is a standby guardianship?

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