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Experienced Guardianship Attorneys in Mooresville, North Carolina

Our skilled Mooresville guardianship lawyers at Daly Mills Estate Planning have provided purposeful legal solutions for North Carolina families who are confronted with the reality that their loved ones may no longer be capable of caring for their health or property the way they once were.

Our estate planning attorneys represent clients throughout the state of North Carolina because it is also our home.

Our lead estate planning and guardianship attorney, Danielle Feller, is a local North Carolinian at heart. The daughter of a Mooresville Graded School District member, Ms. Feller graduated from Mooresville High School and attended both undergraduate and law school in Raleigh before moving back to Iredell County to further her law career by developing important legal solutions for those in her community.

It is also where our attorney Miranda Mills was born and raised, home to her Alma Mater, the Wake Forest University School of Law, and where her parents and family live.

When our fellow residents are placed in a position to oversee another’s property and personal well-being or are seeking to be appointed as guardians to help ensure their loved one’s physical, emotional, and financial health, 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 Mooresville at Daly Mills Estate Planning today.

What are the Different Types of Guardianships in North Carolina?

In North Carolina, there are three types of legal guardianships.

They include:

  • Guardian of Person

When someone is given guardianship of another individual, he or she is entitled to custody of that person, and is responsible for meeting their personal needs, including providing food, clothing, shelter, and healthcare.

  • Guardian of an Estate

When someone is given guardianship of an estate, he or she is entitled to possession of that person’s entire estate in trust for the ward’s use and is responsible for meeting each of their financial needs, including contract fulfillment, insurance, debts, spending, and business matters.

  • General Guardian

When someone is given general guardianship, he or she is entitled to both custody of the individual and possession of the individual’s entire estate in trust for the ward’s use.

All responsibilities of being both a guardian of a person and guardian of an estate apply to general guardianship.

What is the Guardianship Process in North Carolina?

Depending on the jurisdiction of the request for guardianship, some details of the guardianship process may differ.

Generally, if it is determined that an individual needs a guardian, we will:

  • File a petition with the court, and a hearing date will be set.
  • Fulfill all requisite notices, and 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.
  • The court will listen to the evidence presented by our attorneys and others at the hearing.
  • The court will decide the outcome and determine whether the person is incompetent and who is the best person to become a guardian.

There is an appeal process, which our experienced guardianship attorneys in Iredell County & Charlotte, NC will walk you through step by step, so you understand each requirement and its purpose before re-entering the courtroom.

What Happens When an Individual Can Reclaim Their Own Affairs and No Longer Needs a Guardian?

When an individual is no longer incompetent and can handle their own affairs, guardianship may no longer be needed. To prove that is true, a restoration hearing may be necessary for the individual to reclaim their rights to take care of themselves.

Our skilled guardianship lawyers in Mooresville & Charlotte, NC can advise and assist you in regaining control over your property and personal affairs, so you can get your life back on track.

Which Side of Guardianship Does Daly Mills Estate Planning Represent?

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 Iredell 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 their best interests at the forefront of their pursuit.

Our guardianship clients have included:

  • Family members must understand the legal issues involved in the guardianship process when their loved one’s diminished capacity requires a formal court guardianship request. In these cases, we counsel the family and help them determine the need for a guardian and how to get one appointed.
  • Family members who agree that guardianship is appropriate, but who do not agree with the proposed choice of a guardian by the court. In these cases, we support and fight for our client’s ability to serve the incompetent person’s best interests.
  • Persons who are potential wards and are opposed to the intended guardianship to prove to the court that guardianship is not appropriate.
  • Individual and corporate guardians concerning their powers and responsibilities in administering the guardianship estate, after the guardianship has been established, including the filing of inventories and accounting with the court.

At Daly Mills Estate Planning, our guardianship attorneys in the Lake Norman area 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.

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

Why Choose Our Dedicated Guardianship Attorneys at Daly Mills Estate Planning?

Our lead attorney, Danielle Feller, understands first-hand how important it is to make sure a person’s estate planning, asset protection, and estate administration needs are taken care of. When Danielle’s father was unexpectedly diagnosed with terminal cancer in 2016, Danielle made sure her parents spoke to an estate planning attorney to update their wills and powers of attorney documents. After Danielle’s father passed away, she personally experienced and witnessed how stressful and emotional it can be to administer a loved one’s estate while trying to grieve. It was then that Danielle made it her goal to help others plan for the unexpected and relieve the stress and burden during the process.

Danielle Feller is an AV Preeminent Rated attorney in Estate Planning, Rising Star Super Lawyer, and has an Avvo rating of 10.0.  She is regularly appointed by the Iredell County Clerk’s Office to be an attorney Guardian ad Litem for incompetency and other Special Proceedings.

Danielle is a member of the Iredell County Bar and the North Carolina Bar Association Estate Planning & Fiduciary Law Section. She is also a member of WealthCounsel, LLC, a national organization where attorneys and other professionals collaborate, learn from each other, and stay current with ever-changing laws, including all applicable statutes related to our practice areas that focus on serving clients with end-to-end estate planning needs.

Her knowledge, experience, and dedication to elder law is acknowledged in an upcoming chapter with WealthCounsel’s second edition of Estate Planning Strategies, Collective Wisdom, Proven Techniques.

We are here to help. Call us today to learn how we can provide customized legal strategies and solutions that allow our clients to make informed, intelligent decisions about their futures.

Contact Our Dedicated Guardianship Attorneys in Iredell County, North Carolina Today

To learn more about how we can help answer all your guardianship questions, call us at (704) 286-8437 to schedule an initial consultation with our attorneys at Daly Mills Estate Planning in Mooresville, North Carolina today.