What is a guardianship of the incompetent?

A guardianship of the incompetent is a legal arrangement in which a court appoints an individual, known as a guardian, to make decisions on behalf of another person, known as the ward, who is not able to make decisions for themselves due to mental illness, disability, or other circumstances. In North Carolina, guardianships can be initiated either voluntarily, if the ward is competent to do so, or involuntarily, if the ward is incompetent. Once a guardianship is established, the guardian is legally responsible for making decisions on behalf of the ward in regards to health care, personal care, financial matters, and other decisions the court deems necessary. The guardian must always act in the best interests of the ward, ensuring that their needs are met and that their rights are respected. The court may also appoint a conservator to handle the ward’s financial matters. The guardian and conservator must both work together to ensure that the ward’s needs are met and that their rights are respected. This arrangement is intended to provide protection and security to the ward, allowing them to stay in control of their life as much as possible while still having a trusted voice making decisions on their behalf.

Related FAQs

How is a guardian compensated?
Are there tax implications for a guardianship?
What is a court-appointed guardian?
Can a guardianship be created without going to court?
How can a person become a guardian?
How can a guardian be removed from their position?
Can a guardianship be contested?
Can a guardian be held liable for the actions of the ward?
How does a guardianship affect Social Security benefits?
What is a guardianship for an adult?

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