FAQs of Guardianship for Adults

Adult guardianship may be a confusing topic for someone unfamiliar with the process. At Klish and Eldreth, we’re here to help. First, take a look at a few frequently asked questions regarding guardianships, then give us a call if you want to talk to a guardianship attorney in Raleigh who has experience in this branch of law.

FAQ | Guardianship Attorney in Raleigh

What is a guardianship?

When someone is unable to make decisions for him or herself, the court can appoint another person, or a guardian, to make those decisions. A guardianship can be established for anyone, but when it is for an adult, it is usually someone who is elderly or has mental disabilities that keep them from being able to care for him or herself. It can also occur in the case of illness and can be a temporary solution. When the person is found to be incompetent, he or she is deemed a “ward.”

In North Carolina, there are three types of guardians: a guardian of the person, who makes personal decisions on behalf of the ward, a guardian of the estate, who deals with finances, and a general guardian, who can take care of both areas.

What does a guardian do?

Someone appointed guardian of another must make all the financial and medical decisions for that person. This can include deciding where he or she will live, paying bills, and making decisions regarding medical needs. It is important that the guardian be trustworthy as these are decisions that can affect the livelihood of the individual. However, the court has some supervision over decisions.

How does a judge decide if someone is incompetent?

In some cases, it is clear a person needs help, but in others it may not be. Medical or psychological evidence may be brought in to help the judge decide. A judge may also speak with the person or ask to speak with family members.

To learn more, be sure to visit with our next blog post. Our guardianship attorney in Raleigh will offer a further look at this FAQ.

Klish and Eldreth, PLLC

As always, feel free to contact us with any questions or concerns you may have about estate planning. Also contact our guardianship attorney in Raleigh 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 lawyer is here to help you with all your legal matters, whether it be estate planning, divorce, child custody, trademarking, copyrighting, or DWI issues.


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