Types of Guardianship in North Carolina

Many of our clients have asked questions about guardianships, specifically the types of guardianship in North Carolina. Establishing guardianship is a serious legal matter because it grants another party authority over someone else’s financial and personal decisions. Selecting a guardian and accepting that role should be well-thought-out. A guardianship can actually be a very helpful legal tool in some situations. Careful consideration must go into planning, executing, and carrying out the process.

What Are the Types of Guardianship in North Carolina?

North Carolina guardianship laws recognize six types of guardianships. Each is summarized below. It’s important to note that multiple guardianship roles may be assigned to one person.

• Guardian of the person. A guardian of the person is charged with making important personal decisions on someone’s behalf. For instance, this type of guardianship allows the guardian to make decisions on the individual’s medical care, their place of residence, and daily care.
• Guardian of the estate. This type of guardianship involves decisions relating to the individual’s finances. Some responsibilities of this role often involve paying bills, maintaining assets, protecting assets or property, and even investing. This type of guardianship is also referred to as a guardianship of the property.
• General guardian. A general guardian has the responsibilities of both a guardian of the person and a guardian of the estate.
• Limited or partial guardianship. NC courts sometimes grant power to guardians only for certain areas, rather than placing them in a position of full control. The authority to make some financial decisions, for instance, may be granted if an individual has the ability to manage their finances independently.
• Interim guardianship. In North Carolina, an interim guardianship is a temporary court-ordered arrangement granting a qualified adult limited authority over a minor or incompetent person for a limited time while a full guardianship petition is pending, ensuring immediate protection and care needs are met.
• Juvenile guardianship. A juvenile guardian is appointed to a minor when the minor’s parents are unable to look after them or are not present to care for them. What makes this role different from the others, besides the fact that they are minors, is that a judge has the authority to appoint a guardianship of the person for a juvenile.

Recent Changes to NC Guardianship Laws

In 2024, NC guardianship laws changed. One of the most significant changes was the requirement for the court to consider alternatives, such as supported decision-making, before granting a guardianship. Considering alternatives to guardianship is important because it provides the individual with more autonomy regarding important decisions in their life.

There are an estimated 1.3 million guardianships and an estimated $50 billion in assets under guardianship in the US. In the fiscal year 2021-22, 5,786 North Carolinians were under guardianship. By amending state laws, NC aims to prevent guardianships that exploit individuals under their care.

When to Hire a Guardianship Lawyer

Sometimes life circumstances necessitate the need for a guardian. When you hire a guardianship lawyer, they help you navigate the complex legal structures required to apply for a guardianship as laid out in North Carolina’s General Statutes Chapter 35A. A guardianship attorney can:

• Gather any medical or professional evidence necessary to support your request for guardianship.
• Properly prepare and file your petition on your behalf.
• Advocate for your case in hearings in front of the judge.
• Advise you on how restrictive the guardianship should be.
• Assist with the duties of a guardian once appointed.
• Facilitate future modifications and terminations as needed.

Why Choose Us?

At Orsbon & Fenninger, LLP, our attorneys have decades of combined legal experience and hold multiple relevant certifications. We are in tune with the legal temper of our region and take great pride in our community and its members. Our clients are locals, just like us. We’ve handled countless successful guardianship cases over the years, and we are ready to assist you and your family, too.

FAQs

Q: What Are the Different Types of Guardianships in NC?

A: There are a few main types of guardianships in NC. A guardianship of the person grants someone the power to make personal decisions for another individual who can’t otherwise make those decisions themselves. Another type of guardianship in NC is a guardian of property. This type of guardian has power over financial decisions. A general guardianship is one that covers both personal and financial decisions.

Q: What Are the Disadvantages of a Guardianship?

A: Disadvantages of a guardianship include the loss of freedom for the person under guardianship to make their own life choices. This can cause emotional stress and legal conflict, which can have costly consequences. The burden of responsibility placed on guardians can also take a toll, as they are responsible for making important decisions on behalf of someone else.

Q: What Is the Difference Between Full Guardianship and Limited Guardianship?

A: Full guardianships allow the guardian to have the power to make all the decisions for someone. This includes personal and financial decisions and is usually reserved for individuals who are unable to make decisions for themselves. A limited guardianship restricts the scope of a guardian’s authority over another person’s affairs. Areas of authority are determined by a court, depending on the specific areas where the person needs help.

Q: What Is the New Guardianship Law in NC?

A: The new guardianship law in NC requires that less restrictive alternatives be considered for certain adults and children. Individuals who are able to relay their wishes and are considered competent to provide input into their own personal and financial affairs are not automatically assigned a guardian. Rather, supported decision-making is considered.

Connect With a North Carolina Guardianship Attorney

If you are considering a guardianship for a loved one, Orsbon & Fenninger, LLP, has the tools and resources you need to successfully petition for guardianship. If you’re interested in learning about alternatives to guardianships, we can discuss those options with you as well. Contact our office to schedule a meeting and have your questions about the various types of guardianships in NC answered.