As a leading law firm in Western NC, The Law Office of Nathan Earwood provides trusted legal services for guardianship. When a loved one cannot make decisions for themselves, it may be necessary to appoint a guardian to protect their rights. Our team of experienced attorneys can help guide you through the process and provide comprehensive legal representation for all your guardianship needs.
In North Carolina, an “incompetent” refers to a person who is deemed to lack the mental capacity or legal ability to make decisions or take actions on their own behalf. This determination is made by a court and is based on the individual’s mental or physical condition, age, or other factors that may affect their ability to make decisions. An incompetent person may be declared by a court to be under guardianship or conservatorship, which means that someone else is appointed to make decisions on their behalf. In order to declare someone incompetent in North Carolina, a legal proceeding must be initiated and a hearing must be held to determine whether the person is indeed incompetent. The court will consider medical and other evidence in making its determination.
Power of Attorney
A power of attorney and a health care power of attorney can be powerful legal tools for individuals to plan for a time when they may no longer be able to make decisions on their own behalf. These documents can help to ensure that their wishes are carried out and their interests are protected. However, it is important to note that a power of attorney and health care power of attorney can only be implemented if the person granting them has the requisite mental capacity to do so.
If an individual lacks the mental capacity to make decisions on their own behalf, a power of attorney and health care power of attorney may no longer be sufficient to manage their affairs. In such cases, a guardianship or conservatorship may be necessary to protect the person’s interests and ensure that decisions are made in their best interest. This underscores the importance of creating a power of attorney and health care power of attorney while the person still has the capacity to do so.
So while a power of attorney and health care power of attorney can be effective in preventing the need for a guardianship or conservatorship, they are only effective if the individual has the mental capacity to grant them. If an individual lacks capacity, it may be necessary to initiate legal proceedings to establish a guardianship or conservatorship to protect their interests.
We understand that guardianship can be a sensitive and complex matter, and we are committed to ensuring that your loved one’s best interests are always the top priority. Our firm offers a range of legal services for guardianship, including:
- Guardianship over the Person: In this situation, the guardian makes medical, educational, and living decisions for the ward. You would handle living arrangements, education, healthcare, and related matters as a personal guardian.
- Guardianship over the Estate: A court may appoint an estate guardian to manage the ward’s finances, assets, and investments.
- General Guardianship: The personal and estate guardians are only empowered to handle the tasks within their respective roles. However, having the same person manage both areas of the ward’s life may be convenient.
Our team of attorneys has a wealth of experience in guardianship law. It can provide comprehensive legal representation for all types of guardianship cases. We are committed to protecting the rights of your loved one and ensuring that their best interests are always at the forefront.
If you require legal services for guardianship in Western NC, don’t hesitate to contact us today. We are here to help you navigate this complex area of law and provide the legal guidance you need to make informed decisions.