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Skilled Guardianship Attorneys in Charlotte, North Carolina

Our skilled Charlotte guardianship lawyers at Daly Mills Estate Planning know that creating solutions for loved ones who can no longer care for themselves, or their property, can be overwhelming.

When our North Carolina residents are pursuing the appointment of guardian or are tasked with overseeing the care of their loved one and his or her estate, we are here to help secure their position to protect everyone’s best interests.

If you have questions about appointing a guardian or becoming one, contact our experienced guardianship attorneys in Mecklenburg County at Daly Mills Estate Planning today to understand the totality of the process, so you can make informed decisions regarding the responsibilities that accompany the title.

Are There Different Types of Guardianships in North Carolina?

There are three types of legal guardianships in North Carolina.

They include:

  • Guardian of Person

Guardianship of a person entitles an individual to have care, custody, and control of the person. The guardian is then responsible for meeting the ward’s personal needs, including providing food, clothing, shelter, and healthcare.

  • Guardian of an Estate

Guardianship of an estate requires an individual to take possession of an incompetent person’s entire estate, and to manage those assets for the benefit of the incompetent person. The guardian is responsible for meeting each of the ward’s financial needs, including spending, debts, insurance, business matters, and contract fulfillment.

  • General Guardian

General guardianship entitles an individual to both custody of the ward and possession of his or her estate, effectively appointing all responsibilities of being both a guardian of a person and guardian of an estate.

Our Charlotte Estate Planning Attorneys Also Focus on Following Following Areas:

How is Guardianship Appointed in North Carolina?

No matter where you live in North Carolina, our Charlotte guardianship lawyers will outline the complete legal requirements, so you can pursue the designation with confidence.

When it is determined that an individual needs a guardian, our attorneys will first file a petition with the court, and a hearing date will be set.

Next, we will:

  • Fulfill all judicial requisite notices.
  • Work with the court-appointed attorney guardian ad litem, who is responsible for interviewing all parties and providing a report to the Court at the hearing.
  • Present evidence to the court and others at the hearing to help strengthen our case.

Once the hearing is completed, the court will decide the outcome by determining whether the individual is incompetent, and, if so, who is best suited to become his or her legal guardian.

If guardianship is denied for any reason, there is an appeal process.

Should you decide to appeal the court’s decision, our experienced guardianship attorneys in Mecklenburg County will walk you through each step of the process, so you understand its purpose, and overall requirements, before re-entering the courtroom.

Can a North Carolina Guardianship Appointment Be Terminated?

A North Carolina court can terminate guardianship and restore an individual’s rights for three reasons.

They include:

  • The court finds the person has regained the ability to make decisions.
  • The court finds that the person has developed sufficient decision-making defenses and no longer needs the assistance of a guardian.
  • Additional evidence becomes available.

To show that the person meets the legally required criteria for the restoration of rights, a restoration hearing is necessary. Our skilled guardianship lawyers in Charlotte can advise and assist you in regaining control over your property and personal affairs, so you can get your life back on track.

Does Daly Mills Estate Planning Represent Both Wards and Guardians in North Carolina?

Our North Carolina guardianship law firm takes the need for dedicated, caring advocacy in the establishment and administration of guardianships or conservatorships very seriously.

Our guardianship attorneys in Mecklenburg County represent all sides of these cases, because it is our duty to help ensure our clients — whether they are the ward, the one pursuing guardianship, or the one fighting it — have his or her best interests at the forefront of their pursuit.

At Daly Mills Estate Planning, we represent:

  • Family members who must first understand the legal requirements necessary to determine whether their loved one needs a guardian and how to get one appointed.
  • Family members who agree that guardianship is appropriate, but who do not agree with the court’s appointment decision.
  • Potential wards who are opposed to the intended guardianship to prove to the court that an appointment is not appropriate.
  • Individual and corporate guardians after an appointment has been established to ensure their powers and responsibilities in administering the guardianship estate are legally binding, including the filing of inventories and accounting with the court.

At Daly Mills Estate Planning, our guardianship attorneys in Charlotte prioritize the continued care and maintenance of individuals and estates through confident guardianship agreements that help secure our client’s best interests.

Our attorneys are also regularly appointed as the attorney guardian ad litem in these hearings, so we understand each aspect of the process, which allows us to effectively represent all sides during guardianship hearings.

If you have questions about guardianship — no matter which category you fall in — contact our Estate Planning lawyers in Charlotte today to discuss your unique needs.

Contact Our Dedicated Guardianship Attorneys in Charlotte, North Carolina Today

To learn more about how we can help answer all your guardianship questions, call us at 704-595-2433 to schedule an initial consultation with our attorneys at Daly Mills Estate Planning in Charlotte, North Carolina today.