Different Types of Guardians, Part Three

Welcome back. Our estate planning attorney in Cary NC is back to discuss the final types of guardians that you might need to appoint within your estate. If you have questions during this article feel free to contact our office.

Limited Guardian | Estate Planning Attorney in Cary NC

A limited guardian has authority for a certain aspect of the ward’s affairs, but not all areas. If the ward is a minor, this type of guardianship may be given if the parents disagree with a medical procedure, but the court finds that it’s in the child’s best interest to have the treatment. The court may appoint the doctor or other caregiver as limited guardian so that he or she would have the ability to authorize treatment. In other cases, such as with an elderly ward, the guardian may be appointed to take care of certain matters that the ward isn’t capable of handling. This type of guardianship gives the ward control over certain matters, making them feel less dependent on other people’s help.

Plenary Guardian | Estate Planning Attorney in Cary NC

A plenary guardian has the most rights and responsibilities of the ward. It is what parents have as legal guardians of their children. It involves overseeing both the child and his or her activities, in addition to any finances or property until the child is 18 years old. When a child is over 18, plenary guardianship can be given if the child is unable to make his or her own decisions. This is often due to a mental or intellectual disability that impairs one’s ability to care for him or herself and make rational decisions.

The procedure for obtaining guardianship, regardless of what kind, involves filing a petition with the court and then waiting for a hearing to be scheduled. The court then reviews the information, such as proof that the ward is not capable of caring for him or herself, and decides if he or she needs a guardian. The specific needs of the ward as also considered, and factor into how much responsibility the guardian is given. Once the hearing is complete and the guardianship is appointed, the court issues “letters of office,” or certified proof of his or her powers and appointment.

If you haven’t appointed a guardian and need to update your estate plan, or you haven’t reviewed your documents in several years, now might be the best time to do so, now The beginning of the year is a great time to start updating or planning.  Our attorney is here to help you get your estate planning in order and ready should you pass in an untimely manner or become incapacitated at some point. It’s better to be safe than sorry when it comes to an estate plan. Contact us to get started estate planning, today.

Klish and Eldreth | Estate Planning Attorney in Cary NC

As always, feel free to contact us with any questions or concerns you may have about estate planning. Also contact us to schedule a consultation if you have yet to start estate planning. It’s never too early to make plans for your wishes upon death. In addition, our attorney in Raleigh NC is here to help you with all your legal matters, whether it be estate planning, divorce, child custody, trademarking, copyrighting, or DWI issues.

Missed other blogs in this series? Be sure to visit back with them, below:

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