Parties may hire their own attorneys. Find COVID-19 orders, emergency directives, updates, and FAQs. If the guardian is not given the responsibility for certain things, the individual retains those rights. A guardian of the estate or general guardian must file an inventory of the ward’s assets within 3 months after qualification and must file an annual account each year regarding the status of the ward’s property and money received and paid. Upon adjudication, if a qualified guardian is not available to serve, the clerk may appoint a corporation authorized to serve as a guardian by its charter or a county Department of Social Services. In the case of a minor ward, most states require that the ward has turned 18 or passed away in order to cease guardianship. When a person’s competency is restored, he or she is able to manage his or her own affairs and exercise all rights as if he or she were never adjudicated incompetent and will no longer have a guardian. Anyone who wishes to be considered as guardian should be present at the hearing. On the court petition form, a specific person or an agency may be recommended as guardian. Upon the filing of a verified petition for adjudication of incompetence, a motion may be filed requesting the appointment of an interim guardian. If you feel that your parent or other loved one is no longer capable of making safe, sound decisions and you would like to help, becoming a guardian might be right for you. If you currently have guardianship in another state and wish to register that guardianship in North Carolina, you can do so using this form. Neglect and abuse can also be reasons that a guardianship agreement involving a child is reversed. 10.1 Termination of Guardianship The guardianship of an incapacitated adult is terminated • upon death of the incapacitated adult (G.S. How to Obtain Guardianship of a Parent in North Carolina. There is no court fee or bond assessed to file a notice of appeal. The order of priority for appointment that a clerk must consider is: (1) an individual recommended under the will of the deceased parent of an unmarried child adjudicated incompetent, (2) an individual, (3) a corporation, and (4) a disinterested public agent, such as a county Department of Social Services. See below for more information. (a) Every guardianship shall be terminated and all powers and duties of the guardian provided in Article 9 of this Chapter shall cease when the ward: (1) Ceases to be a minor as defined in G.S. Types of Guardians In the state of North Carolina, there are three types of guardianship. The petitioner must certify that this service was completed and may use this form. A clerk can also appoint an interim guardian on his or her own motion at the hearing on the petition for adjudication of incompetence if the clerk finds this to be in the respondent’s best interest. North Carolina law requires any person having reasonable cause to believe that a disabled adult is in need of protective services to report such information. Guardianship should seek to preserve opportunities for the individual to exercise rights that are consistent with his or her capabilities, allowing for the possibility of error to the same degree as is allowed to persons who are not incompetent. At the time of filing, the clerk will appoint a guardian ad litem, who must also be served pursuant to G.S. The guardian ad litem will visit the respondent as soon as possible and try to determine the respondent’s wishes. Basic identifying information about the child is required as well as information about the child’s parents and others with an interest in the guardianship, such as relatives or custodians, and information about the child’s assets. If the respondent is adjudicated incompetent and is indigent, meaning that he or she is unable to pay court fees and costs, then the clerk of superior court can waive the court costs. The person who filed the motion must prove by a preponderance of the evidence that the ward is now able to manage his or her own affairs and to make and communicate important decisions about him or herself and his or her family and property. 1A-1, Rule 4 on the guardian, the ward, and any other party to the original case, such as the person who filed to have the ward adjudicated incompetent. Notice of appeal must be filed within 10 days of entry of the clerk’s written order. (a) The clerk in each county shall have original jurisdiction over proceedings under this of a judge to appoint a guardian ad litem for a party to litigation under Rule 17(b) of the North Carolina Rules of Civil Procedure. In the clerk of superior court’s order appointing a guardian(s), the powers and duties of the guardian(s) are outlined. 6 in G.S. To transfer guardianship from another state to North Carolina, you must first request a provisional order of transfer from the other state. An interim guardian with authority related to the respondent’s estate is required to post a bond in an amount determined by the clerk and file an account with the clerk. Those responsibilities may include providing for the ward’s everyday needs, establishing the ward’s home, maintaining the ward’s personal property such as clothing or vehicles, and arranging for the ward’s education, employment or rehabilitation. A petition for adjudication of incompetence may be filed when a minor is at least 17 ½ years old. If the clerk of court appoints a guardian, the guardianship will stay in place during the appeal, unless the court issues a stay of the order. 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