Protecting Vulnerable Loved Ones with Care, Experience, and Compassion
When someone you love is unable to make personal, medical, or financial decisions for themselves, it can be difficult to know how to help. Guardianship offers a legal solution that allows a trusted individual to step in and provide support, structure, and protection. Whether you are seeking guardianship for a child, an aging parent, or an adult with disabilities, the process involves important legal steps that must be handled with care.
At the Law Office of Stephen E. Robertson, PLLC, our Greensboro and Durham guardianship attorneys work closely with families to guide them through this process. Guardianship is not simply a legal proceeding. It is an emotional commitment that affects your family, your rights, and the well-being of someone who depends on you. Our goal is to help you understand your options, navigate the court system, and secure the arrangements that best protect those you care about.
Because guardianship often overlaps with other areas of family law, many clients also review related services such as child custody and other family matters. You may find additional helpful information on our Child Custody Attorneys page or our Family Law Attorneys page.
Understanding Guardianship in North Carolina
Guardianship is a legal relationship established by the court to protect individuals who cannot manage their own affairs. The guardian is granted authority to make decisions for the individual, called the ward, in areas where they cannot make informed decisions themselves.
Guardianship can involve decisions about:
- Medical care
- Living arrangements
- Education or services
- Personal safety
- Financial management
- Legal matters
The court’s primary concern is always the best interests of the person in need of protection. Every guardianship case begins with understanding what the individual can and cannot do, what support they already have, and what level of help they truly need.
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Types of Guardianship in North Carolina
North Carolina recognizes several types of guardianship. The needs of the individual determine which form is most appropriate.
Guardianship of Minors
Guardianship of a minor is established when parents are unable to care for their child due to circumstances such as:
- Illness
- Death
- Substance dependency
- Incarceration
- Unfit or unsafe living environments
- Temporary absence or inability to parent
A guardian provides the child with stability, care, and decision-making support. The court will always choose the arrangement that best meets the child’s physical, emotional, and developmental needs.
Many clients exploring guardianship for minors also find value in the information on our Adoption Attorneys page when considering long-term care options for children who may need permanent placement.
Guardianship of Adults
Guardianship of an adult is used when a person cannot safely manage their personal or financial affairs due to:
- Mental illness
- Developmental disabilities
- Traumatic brain injury
- Dementia or Alzheimer’s
- Physical disabilities that impact decision-making
- Chronic substance dependency
- Cognitive impairment
The purpose is not to restrict autonomy but to provide protection, oversight, and stability. The court carefully determines the least restrictive form of guardianship necessary to support the individual.
Forms of Adult Guardianship
Depending on the situation, the court may appoint:
Guardian of the Person
Responsible for personal decisions, such as healthcare, living arrangements, and daily needs.
Guardian of the Estate
Handles financial affairs, including bills, property, investments, and legal matters.
General Guardian
Combines both personal and financial decision-making authority.
The court will choose the option that best fits the individual’s level of need.
Requirements for Establishing Guardianship
Establishing guardianship in North Carolina involves several legal steps. These requirements ensure the court has enough information to protect the rights of the person in question.
Filing a Petition
The process begins with filing a petition in the appropriate county court. The petition must explain:
- Why guardianship is necessary
- What type of guardianship is being requested
- Details about the proposed guardian
- Information about the individual who may need guardianship
Documentation such as medical reports, prior legal issues, or caregiving history may also be required.
Providing Legal Notice
North Carolina law requires that notice be given to:
- The individual in question
- Immediate family members
- Other interested parties
This gives everyone a fair opportunity to respond, attend hearings, or present information.
Medical Evaluation
In guardianship of adults, a medical or psychological evaluation is often required. This evaluation helps the court determine:
- Whether the individual lacks capacity
- What decisions they can or cannot make
- Whether guardianship is necessary
- What level of authority the guardian should have
Evaluations must be completed by qualified professionals, especially when the case involves complex medical or mental health conditions.
Court Hearing
During the hearing:
- Evidence is presented
- Witnesses may testify
- Medical records may be reviewed
- The judge asks questions to determine the individual’s needs
The court then decides whether guardianship is in the best interest of the individual.
Best Interest Standard
Every guardianship case in North Carolina is guided by the best interest of the person in need. The judge considers:
- Safety
- Health
- Ability to manage personal care
- Decision-making skills
- Financial vulnerabilities
- The proposed guardian’s ability to provide care
This ensures that guardianship is used responsibly and only when necessary.
Exploring Less Restrictive Alternatives
Before granting guardianship, the court must consider whether there are less restrictive options available, such as:
- Power of attorney
- Health care proxy
- Representative payee
- Advance directives
- Family support systems
Guardianship is considered only when these alternatives are not enough to protect the individual.
The Guardianship Process Step by Step
Understanding each stage of the process helps families feel more confident and prepared.
Step 1: Filing the Petition
The petitioner submits the guardianship request, along with required documents and fees.
Step 2: Notice to Interested Parties
All legally required individuals and agencies are notified.
Step 3: Medical or Psychological Evaluation
A licensed professional evaluates the individual’s capacity and submits a report to the court.
Step 4: Guardianship Hearing
The judge reviews evidence, listens to testimony, and decides whether guardianship should be granted.
Step 5: Appointment of a Guardian
If approved, the guardian receives formal authority to act on behalf of the ward. The court may grant full or limited guardianship.
Step 6: Ongoing Reporting and Monitoring
Guardians must file regular reports with the court detailing:
- Financial decisions
- Medical decisions
- Living arrangements
- The overall well-being of the ward
This ensures continued protection and accountability.
Why Guardianship Matters for Families
Guardianship provides security, stability, and safety for those who cannot care for themselves. It helps families:
- Protect vulnerable loved ones
- Prevent financial exploitation
- Ensure access to appropriate medical care
- Create structure and consistency
- Make legal and financial decisions with authority
Although guardianship is a serious responsibility, it is often the most effective way to safeguard the rights and welfare of someone you care about.
How Our Guardianship Attorneys Help You
The guardianship process can be difficult to navigate alone. Our attorneys provide compassionate guidance and strong legal advocacy from beginning to end.
When you work with our firm, you receive:
- A detailed consultation to understand your goals
- Assistance preparing and filing all legal paperwork
- Representation at hearings
- Guidance on selecting the best form of guardianship
- Help obtaining medical evaluations and required documentation
- Support with annual reporting and compliance
- Clear explanations of your responsibilities as a guardian
Because guardianship often relates to issues such as estate planning, financial management, or family disputes, some clients also review services like our Wills, Trusts, and Power of Attorney page to fully understand their legal options.
Our priority is always to protect the individual in need while supporting the family with clear guidance and caring representation.
Frequently Asked Questions About Guardianship in North Carolina
A power of attorney is created voluntarily by a competent adult, while guardianship is appointed by the court when a person cannot make decisions for themselves.
Yes. In some cases, the court can appoint a temporary guardian when immediate protection is needed.
Yes. If circumstances change, interested parties can request that the court modify or end the guardianship.
Legal representation is not required but is highly recommended. Guardianship involves complex legal procedures that are easier to navigate with an experienced attorney.
A guardian must act in the best interest of the ward, make informed decisions, and file regular reports with the court.
Any competent adult may be considered. The court looks at trustworthiness, ability to provide care, and the relationship to the individual in need.
The timeline varies, but most cases take several months from filing to final appointment.
Alternatives include power of attorney, health care directives, representative payees, and family support arrangements.
Contact Our Guardianship Lawyers in Greensboro and Durham NC
If you are considering guardianship for a minor or an adult, the Law Office of Stephen E. Robertson, PLLC is here to help. Navigating the guardianship process can be emotional and complex, but you do not have to do it alone. Our attorneys work with families throughout Greensboro and Durham, providing thoughtful representation and helping them create protective arrangements that respect dignity and ensure safety.
Contact us today to schedule a consultation and begin exploring the best path forward for your family.