Like many legal terms, the term guardianship has a different meaning in its legal sense than it does in everyday speech. In ordinary conversation, most people associate guardianship with the care of children when their biological parents are unable to do so, such as in foster care or adoption. The legal meaning of guardianship can also refer to these types of circumstances, but it also covers a broader range of situations in which any individual, even an adult, can no longer make or communicate safe or sound decisions about their person or property. Our team at Elder Law & Estate Planning Solutions of the Piedmont are highly experienced with guardianship cases, and we have put together this brief guide to what it entails.
To protect the individual in question from making unsafe decisions, the process of guardianship removes a number of rights from that individual and transfers them to the guardian. Because of this, it should only be considered after alternatives have proven ineffective or when they are unavailable. Alternatives can include trusts, living wills, durable powers of attorney, as well as others, and our team at Elder Law & Estate Planning Solutions of the Piedmont can help you with many of these options. If you decide to pursue guardianship, some rights that may be affected include the right to consent to medical treatment, to determine residence, possess a driver’s license, or even marry.
Because guardianship involves the removal of rights, establishing guardianship involves many due process protections and typically requires many court appearances. If you involved in a guardianship case, you can count on us at Elder Law & Estate Planning Solutions of the Piedmont to guide you through the process from start to finish and negotiate the best outcome for all parties.
If you live in Concord, NC& need help planning for the welfare of your children or elder loved ones, turn to us at The Law Office of Marjorie J. Brown, PCElder Law & Estate Planning Solutions of the Piedmont
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