What are the guardianship laws in my state?
In North Carolina, guardianship laws depend on the type of guardianship that is put in place. Generally, guardianships are established by a court and involve a legal guardian taking over the legal rights and responsibilities of a minor, elderly person, or someone with a disability who is unable to take care of themselves. In North Carolina, a guardian of a minor is responsible for the physical, mental, and emotional care of the minor, as well as the minor’s property. The guardian is generally the parent of the minor, but can also be another adult that has been appointed by the court. The guardian also has the responsibility to provide the minor with educational opportunities and to ensure that the minor’s medical, dental, and other physical needs are met. If a guardianship is necessary for an elderly person or someone with a disability, the court can appoint a guardian of the person, a guardian of the estate, or both. A guardian of the person is responsible for the care and well-being of the protected person, while a guardian of the estate is responsible for managing the protected person’s financial assets and resources. Both guardians are accountable to the court and must follow all of the specific regulations for guardianship that are established by the court. In order for a guardianship to be put in place in North Carolina, the court must determine that it is in the best interests of the person who needs a guardian. The court will also consider the wishes of the person who needs a guardian, if the person is able to express them. If the court agrees that a guardianship is necessary, it will then determine who is best suited to serve as the guardian.
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