Raleigh Guardianship Attorney
Committed to Providing Exceptional Representation for Both Adults & Minors
The North Carolina guardianship laws are designed to ensure that a person has the care and protection they need. A guardian can be appointed to make decisions regarding a person's care and well-being in a variety of situations.
Divorce is one of the most common reasons for a guardianship to be established. A guardian is appointed to oversee the person's financial affairs in order to safeguard their assets during the divorce process.
Child custody is another reason for a guardianship to be established. In some cases, the court may appoint a guardian for a child if the parents are not capable of caring for the child. The guardian would then be responsible for making decisions regarding the child's health, education, and general welfare.
Other reasons for a guardianship include:
- A person who is physically or mentally incapacitated
- A person who is a ward of the state
- A person who is a veteran who needs assistance in performing their daily living activities
- A person who is at risk of being abused, neglected, or exploited
The North Carolina guardianship laws are complex and require a lawyer who is experienced in this area of the law to help you navigate the process. At Vitale Family Law, P.A., we are dedicated to providing compassionate and knowledgeable legal counsel.
How to Establish a Guardianship
To establish a guardianship, you must file a petition with the North Carolina Superior Court asking for the appointment of a guardian. The petition must be accompanied by the following:
- A request for the appointment of a guardian
- A statement as to why a guardianship is required
- A proposed order
If you are petitioning for the appointment of a guardian for a minor, you must provide information regarding the minor's parent or parents. You must also provide the parent's address and contact information, if known. If the minor's parents are deceased, you must provide proof of their death.
If you are petitioning for the appointment of a guardian for an adult, you must provide information regarding the proposed ward's spouse, adult children, parents, siblings, or other relatives. You must also provide the relative's address and contact information, if known. If the adult's relative is deceased, you must provide proof of their death.
If you are petitioning for the appointment of a guardian for a mentally incapacitated person, you must provide information regarding the person's medical condition. You must also provide the person's doctor's name, address, and contact information. If the person is in a medical facility, you must provide information regarding the facility.
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Attorneys Lori & Kim are Board Certified Specialists in Family Law
Over 50 Years of Combined Experience in Family Law
Exclusive & Intentional Focus on Family Law