Guardianship of Disabled Adults

Guardianship is governed under Chapter 35A of the North Carolina general statutes. Without an experienced lawyer’s advice and assistance, a guardian may find the rules and procedures associated with guardianship difficult to understand and manage.  Kelli Espaillat is an appointed Guardian in Mecklenburg County and can help many families understand the procedure and law surrounding Guardianship of an Adult.

Guardians For Disabled Adults

Guardians can be appointed for disabled adults who are unable to take care of themselves or older adults who may be suffering from Alzheimer’s or dementia. Adults can have guardians of the person or general guardians.

A general guardian will be responsible for managing the financial affairs of a disabled adult. He or she will have a responsibility to file yearly reports with the clerk of court as to what he or she did with the ward’s money. A guardian of the person will have the authority to place a ward in assisted living or a nursing home and to consent to medical treatment.

Challenging Guardianship

In certain cases, guardians can be challenged and removed if it can be shown that they have not been acting in wards’ best interest or are not capable of being a guardian anymore. K² Legal Services, we can help you demonstrate to the court that it would be in the best interest of the ward to have a guardian changed. These proceedings take place before the elected clerk of court in the county where the ward resides.

Guardianship Introduction Packet-this packet is provided by UNC