Guardianship

Averett Family Law can provide you with caring and efficient help with the guardianship proceedings of an incapacitated loved one. Guardianship can be a good option in cases where a person is not able to make his or her own decisions.

A guardian is a person who makes decisions on behalf of an incompetent adult or a minor child whose parents have died or who are unable to care for their child(ren).

Our team helps families who want to appoint a guardian in Chapel Hill, Durham, Pittsboro, Sanford, Hillsborough, Siler City and surrounding areas. We also have experience in representing individuals who are objecting to guardianship proceedings. From our first meeting to the court filing to attending hearings, we will be with you every step of the way.

Guardianship of an Adult

If a relative or close friend is incapacitated but does not have a healthcare Power of Attorney or general Powers of Attorney in place, you may consider applying for guardianship of that person. An adult guardianship can also be sought when there is a mental health issue.

To be appointed a guardian, you must petition the Court. Depending on the situation, the guardianship can be temporary or permanent. The extent of the guardianship can be limited to financial affairs or it can be a general guardianship. If approved by the Court, the guardian is given the ability to act on behalf of the ward in the capacity determined by the Court.

Guardianship of a Child

When a child’s parents are not capable of caring for the child on their own, a guardian may need to be appointed. A responsible family member can petition the Court to be appointed as guardian of the child.