Being tasked with caring for an incompetent loved one can be emotionally and physically draining. It can be legally confusing as well. If your loved one is unable to make necessary decisions on their own due to a medical condition or mental illness, guardianship may be the right route. It is important to work with your attorney in order to obtain the best result for your family member.
Guardianship is a legal relationship in which the person (guardian) is appointed by the court to make decisions for and act on behalf of another individual. A Guardian can manage their personal and/or financial affairs in the event that they cannot communicate or they lack sufficient capacity to manage their affairs.
A guardianship can typically be avoided with early estate planning. However, in cases where a family member unexpectedly or suddenly loses the competency to manage their own affairs, it may be necessary. Guardianship may also be necessary for minor Special Needs children when they turn 18 years old and are unable to manage their own affairs.
There are different types of guardians, and they include:
Guardianship of a Person
They assist the individual with day-to-day decisions, such as locating sound housing and obtaining medical care.
Guardianship of the Estate
They are granted the power to manage money and make financial decisions for the individual in need, and they may be close friends or family, or public entities.
When we needed an attorney recently we contacted Kellie Gonzalez and could not have been more pleased with our interactions with her and the outcome she obtained for us.
From the very beginning, she was professional, understanding, and took great care to explain the legal process to us. She went far beyond what one would normally expect from an attorney and in doing so successfully achieved the goal we hoped for. We highly recommend Kellie Gonzalez for any occasion that calls for an attorney. – K, Family Law Client
I am writing to thank all of you, for assisting with the completion of the will and other key documents.
I appreciated the time, effort, patience, and the many questions answered which were all associated with this process. It is finally “done” and I can now relax and feel that my kids will be appropriately protected. Thanks again for your dedication, attention and positive experience! I’ll be sure to refer others to your office!! – D, Estate Planning Client
They were wonderful. Very efficient and great communicators.
I was very nervous about this process and they made it very simple and took all of the guesswork out of it. I will definitely use them again. – C, Will Preparation Client
Received a speeding ticket while passing through NC.
Was required to personally show in court or hire legal representation. Living 10 hours away, I opted for the latter. Great decision, but hiring them to represent me was a better one. They resolved my case much better than I could have ever hoped. Courteous, professional and obviously capable. – G, Out of State Traffic Violation Client
We used Kellie as our real estate attorney when purchasing a home.
Kellie and her staff walked us through the entire process from start to finish and promptly answered all our questions or concerns! I would highly recommend using her team to anyone looking for a real estate attorney! – M, Real Estate Closing Client
At Capital to Coast NC Law Group, our lawyers will work with you and your family in order to make the guardianship process as easy as possible. If you believe you have a loved one who may benefit from guardianship, call us today to set up an appointment today at one of our locations in Cary, NC, Greenville, NC, and Emerald Isle, NC.