When it comes down to deciding whether an adult requires guardianship or not, the state of North Carolina relies on the idea of competency to help determine the best course of action.Īccording to North Carolina’s state mandates, in order to be considered incompetent and thusly require guardianship, an individual must be one “who lacks sufficient capacity to manage own affairs or to make or communicate important decisions concerning person, family, or property whether the lack of capacity is due to mental illness, mental retardation, epilepsy, cerebral palsy, autism, inebriety, senility, disease, injury, or similar cause or condition.” Incompetency Definitions in North Carolina The guardian must also try his or her best to include the ward in as many decisions that will affect them as possible. In North Carolina, all guardianship responsibilities revolve around the guardian being a decision maker and an advocate for the ward. The exact role of a guardian can encompass any number of responsibilities, and can fluctuate based on the need of the adult that requires guardianship (also known as the ward). In its simplest terms, guardianship in North Carolina is defined by the North Carolina Judicial Branch as “a legal relationship in which a person is appointed by the court to make decisions and act on behalf of a person who does not have adequate capacity to make such decisions involving the management of personal affairs, property, or both.” How is Guardianship Defined in Greensboro, North Carolina? Before diving into the details of guardianship, you can find out more about the North Carolina Statutes for Incompetency and Guardianship by clicking here. Those that wish to avoid guardianship and the red tape it can come with can look to estate planning and proper preparation through the use of powers of attorney for financial and health care matters as a way to secure themselves against guardianship proceedings. The North Carolina guardianship process can be a safe and healthy way to ensure a loved one or friend is properly taken care of, though it can, at times, be limiting for the adult placed in another’s care. When an adult in Greensboro cannot manage his or her own affairs for financial or personal matters, a North Carolina guardian may be necessary.
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