Even the best planning does not anticipate all circumstances and a Guardianship proceeding is required to protect your loved one. What can you do when your loved one can no longer make decisions for themselves?
A Guardianship is a legal proceedings where the court appoints a person to make to decisions and act on behalf of an incapacitated adult who can no longer make those decisions regarding their personal affairs or financial affairs. There are times that a loved one needs to have a Guardian appointed to assist with their affairs. Once appointed the Guardian has a fiduciary obligation to manage the loved ones estate reasonably, prudently and in the loved ones’ best interest.
There are several types of Guardians:
General guardian. A guardian who has the authority of a guardian of the person and a guardian of the estate of an incapacitated ward. G.S. 35A-1202(7).
Guardian of the person. A guardian who is appointed solely for the purpose of performing duties relating to the care, custody, and control of an incapacitated ward. G.S. 35A-1202(10).
Guardian of the estate. A guardian who is appointed solely for the purpose of managing the property, estate, and business affairs of an incapacitated ward. G.S. 35A-1202(9). See also G.S. 35A-1251; G.S. 35A-1253.
A person must meet the statutory qualifications for appointment as a guardian and post a bond with the Clerk of Superior Court. After qualifying, general guardians and guardians of the estate are required to file inventories and accountings with the Clerk of Superior Court. Some general guardians and guardians of the person are required to file status reports with the Clerk or a designated human services agency.
Savage Law will assist with all phases necessary for the appointment of a Guardian for your loved one including the preparation of the application, gathering of documents, preparation for hearing and assistance with bonding requirements. Once appointed, we will assist you will the proper preparation and documentation of all budgets and accountings necessary for you to successfully manage your loved ones’ affairs.