A guardianship is when an adult, who is not a child's parent, is legally responsible for the child's care because the child's parent is unable to care for them. It may also mean someone manages the child's money or property if the child has a lot.

The court orders that an adult (a guardian) other than a child's parent has the right to make legal decisions in a child's life and has responsibility for the child's care. For example, the guardian makes decisions about the child's medical care and where the child goes to school. The guardian must also provide the child with housing, food, clothing, and is responsible for the child's safety and protection.

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The court orders someone to manage the child's finances. Guardianships of the estate are needed if a child has a lot of money, income, or property. For example, if the child inherited a lot of money from a parent who passed away. A guardianship of the estate is not needed if the child receives social security benefits or TANF/CalWORKs.

Another difference is that when the court appoints a guardian, the court stays involved and supervises the relationship until it ends, either when the child turns 18 years old or when the court orders it ended. In an adoption, all the birth parents' rights are taken away permanently. The court does not stay involved once an adoption is final. The legal relationship between the child and the adopting parents is permanent and exactly the same as a birth family even after the child has turned 18 years old.

But note that after a child has lived with a guardian for a few years, the law makes it easier for the guardian to adopt the child than it would be for a stranger to adopt them.

In these cases, the child may need a guardian.

There may be other legal options, like having the parents sign something so another adult can enroll them in school or get them medical care. The best legal option depends on many personal factors, like if there are safety concerns for the child and whether the parent agrees.

Pay a fee It costs $225 to start a guardianship of the person case. A guardianship of the estate costs $450 to start. Check with the court for the exact amount. If the child who may need a guardian can't afford the fee, you can apply for a fee waiver. Fee waivers for filing a guardianship case are based on the child's income.

Once you file your papers, the clerk will set a date for you to go to court. You must have someone deliver a copy of the papers and the date, time, and place of the court hearing to the child's parents and other family members. You can ask for the parent's consent to you being guardian, as well as the consent of the other relatives. But even if they consent, they can still change their minds, come to the hearing, and object.

You will need to send the court an update each year about the child's health and education, where the child is living if not with you, and other information. You may also need to go back to court to talk about related issues like:

Before starting a guardianship case, find out more about what you would be expected to do if you are the child's legal guardian. You may have other legal options. If you decide you want to be a child's guardian, get step-by-step instructions on how to ask a judge to become a guardian.

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Guardianship is a legal relationship in which a person(s) or agency (the guardian) is appointed by the court to make decisions and act on behalf of a person who does not have adequate capacity to make such decisions involving the management of personal affairs, property, or both. A court process is required to create a guardianship. Additional information to help understand guardianship, including a video titled Understanding Guardianship, is available here.

The petitioner is a person who files a petition with the court alleging that an adult lacks capacity to manage his or her affairs or to make and communicate important decisions about his or her self, family, and/or property and requesting that a guardian be appointed. The respondent is the adult who is alleged to be incompetent, and who will become a ward if the clerk determines that he or she is in fact incompetent.

Incompetent adults have the right to participate in decisions affecting them and make decisions to the extent they are able to do so. Incompetent adults have the right to vote and the right to marry. Under some circumstances, an incompetent adult may be able to make a will. Powers of attorney executed after a person is adjudicated incompetent and while under a guardianship are not valid. Incompetent adults have the right to file motions or appeals in their guardianship cases and have the right to be represented by an attorney or guardian ad litem in these proceedings.

In a limited guardianship, an adult ward retains some rights that would otherwise be lost in guardianship. North Carolina law encourages clerks to consider limited guardianships tailored to the needs of the incompetent person.

Competence and Guardianship proceedings are handled by the clerk of superior court or an assistant clerk of superior court, who presides over the hearings and makes all decisions in the case. The respondent or guardian ad litem may request a jury to decide the issue of competence, but if the respondent is determined to be incompetent, only the clerk can decide who will serve as guardian. Decisions on competence and guardianship can be appealed to superior court.

Every North Carolina county has a Department of Social Services, providing Adult Protective Services, which investigates allegations of abuse, self and caretaker neglect, and exploitation of adults who are disabled, meaning they cannot complete daily activities or handle their affairs or protect interests and are unable or unwilling to obtain essential services themselves. 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. Contact information for county Departments of Social Services and for reporting can be found here.

Any person, including a relative, friend, medical provider, or any State or local human services agency, through an authorized representative, can file a verified petition with the court. The petitioner is responsible for presenting evidence at the hearing to prove by clear, cogent and convincing evidence that the respondent is incompetent, which may include subpoenaing witnesses to testify.

No. Parties may hire their own attorneys. Court officials, such as judges and clerks of court, cannot provide parties with legal advice about their rights and obligations or the likely outcome of a case. A petitioner representing his or herself in court will be held to the same rules of civil procedure and evidence as a licensed attorney.

The hearing will be held between 10 and 30 days after the respondent is personally served with the petition, unless the clerk extends the time for good cause, for preparation of a multidisciplinary evaluation, or for the completion of a mediation.

At the hearing, the petitioner and respondent are allowed to present testimony and documentary evidence, to subpoena witnesses and the production of documents, and to examine and cross-examine witnesses. The petitioner is responsible for proving that the respondent is incompetent by clear, cogent and convincing evidence. The North Carolina Rules of Civil Procedure and Rules of Evidence apply to these proceedings.

Yes. Anyone who wishes to be considered as guardian should be present at the hearing. The clerk may ask questions of any potential guardian(s) to determine who is most suitable to serve as guardian(s).

The clerk makes this decision based on the best interests of the ward. 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. 152ee80cbc

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