Who is eligible for guardianship?

In North Carolina, the eligibility for guardianship depends on both the age and ability of the person in question. Generally, guardianship may be granted for persons under the age of 18, as well as for persons aged 18 and over who have been found by a court to be incapacitated. Incapacitation is generally defined by a court as an inability to provide for the needs of one’s self, including physical, mental, and emotional care. For persons under the age of 18, a court may appoint a guardian if a minor is found to be unable to provide for his or her own care, to control his or her own behavior, or to make decisions concerning the minor’s well-being. A court may also appoint a guardian if it is in the best interest of the minor, which could include a situation where the minor’s parents are unable or unwilling to provide the minor with proper care and supervision. For persons aged 18 and over, the court must determine that the person is incapacitated, meaning that he or she is unable to provide for his or her own physical health, safety, or self-care, or to manage his or her own financial affairs. Generally, this determination will involve a psychological evaluation and the testimony of family members or healthcare providers. In either scenario, a guardian is appointed, usually a relative or close family friend, to assume responsibility for the care, custody and control of the person. The guardian is then required to handle all legal decisions, including the person’s financial matters and medical decisions.

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Who is eligible for guardianship?

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