When an adult can no longer manage their personal or financial affairs, the court may appoint a guardian and conservator to act in their best interests. These roles involve making critical decisions to ensure the individual’s well-being and protect their assets. If your loved one requires this level of care, a Charlotte guardianship and conservatorship attorney can guide you through the process.
At Melone Hatley, P.C., we are dedicated to safeguarding the interests of our clients and their families. We will help you establish guardianship and conservatorship for your loved one.
With more than 20 years of combined experience, our Charlotte trusts and estates lawyers are equipped to handle your case. Contact us today by phone or through our website to arrange a free case review.
Differences Between a Conservator and a Guardian
While both guardians and conservators act as decision-makers for incapacitated individuals, their roles focus on distinct areas. A conservator is responsible for managing the individual’s financial matters, such as income, assets, and expenses.
A guardian, on the other hand, oversees broader personal and medical decisions to ensure the individual’s overall well-being.
Reviewing the Responsibilities of a Guardian
Any competent adult can serve as a guardian. In most cases, this role is fulfilled by a spouse, a family member, or a close friend of the incapacitated individual appointed by the court to manage their personal affairs. If no suitable relatives or friends are available, the court may appoint a professional guardian or agency.
The guardian’s responsibilities may include making decisions about the individual’s safety, education, support, medical treatment, and overall well-being. Depending on the court’s order, this role may also involve decisions about living arrangements and lifestyle.
In North Carolina, a guardian mainly handles healthcare–related decisions and treatments. They have access to the incapacitated person’s medical records and handle all communication with healthcare providers so they can make informed decisions regarding the medical needs of their ward.
Outlining the Role of a Conservator
The court appoints a conservator in the same manner as a guardian. However, their primary responsibility is to oversee the financial affairs and estate of an incapacitated individual. Conservators are responsible for making financial decisions that prioritize the best interests of the person they represent.
The authority of a conservatorship can be extensive. It allows the conservator to enter into contracts and, under certain circumstances, initiate legal actions on behalf of the incapacitated individual.
When Are Guardians and Conservators Necessary?
The court’s appointment of a guardian or conservator is a serious decision that results in the incapacitated individual forfeiting specific legal rights. This measure is only taken after all less restrictive alternatives, such as power of attorney or representative payees, have been deemed ineffective.
Guardianship and conservatorship are considered last–resort solutions. They safeguard individuals who can no longer manage their personal or financial affairs safely or effectively. These arrangements ensure that the individual receives proper care, protection, and support when other options cannot meet their goals.
For the court to determine a guardian or conservator to be necessary, the incapacitated individual must meet at least one of the following criteria:
- They can no longer make independent decisions due to aging, illness, or injury, resulting in an inability to process information or make informed choices.
- They are unable to independently perform personal care tasks, such as using the toilet, bathing, dressing, or eating.
- They show signs of memory decline or health deterioration over time.
- They are unable to manage daily responsibilities, including financial obligations, property management, or self-care.
A guardianship and conservatorship attorney serving Charlotte can help you assess whether a decision-maker is necessary for your loved one and guide you through the legal process to secure their well-being.
Charlotte Guardianship
Lawyer Near Me
(980) 288-8909
Who Is Considered an Incapacitated Person?
An incapacitated person is defined as an adult that the North Carolina court system has deemed to be unable to effectively receive, evaluate, or respond to information or interact appropriately with their surroundings, situation, or other people.
To make this determination, they will look to evaluations from medical professionals, typically involving two physicians or a physician and a licensed psychologist, to validate the individual’s inability to meet essential needs related to their health, safety, care, or financial management.
This incapacity indicates that the individual cannot fulfill critical health, safety, therapeutic, or financial needs without assistance from an external source. In these cases, a guardian or conservator may be appointed to ensure proper care and protection.
Initiating Proceedings for Guardianship and Conservatorship
If no power of attorney has been established, the only way to assume authority over an incapacitated individual is through guardianship or conservatorship proceedings in the circuit court.
During these proceedings, a guardian ad litem (GAL) will represent the incapacitated person, and a judge will evaluate their incapacity and appoint a guardian or conservator.
The authority bestowed on a guardian can vary significantly both in duration and scope. It may be limited based on the incapacitated individual’s ability to manage their safety, health, and personal needs. The specific limitations of the guardianship and extent of authority will be outlined in the court’s order.
Similarly, the powers of a conservator may be broad or limited. The court may grant authority over all the ward’s financial matters or restrict the conservator to managing only specific accounts for designated purposes. An experienced guardianship and conservatorship lawyer in Charlotte will help you understand the full extent of these responsibilities.
Reach Out to a Charlotte Guardianship and Conservatorship Attorney Today
If you feel that a family member or friend needs help managing their affairs, a guardianship and conservatorship attorney in Charlotte can help. When a guardian or conservator is needed, the knowledgeable team at Melone Hatley, P.C., will guide you through the legal process and provide support at every step.
Contact us today for more information regarding guardianship and conservatorship and how it might benefit your situation. We’re here to help you make the best decisions for the care of your loved one.
Take a moment to read our client testimonials to learn more about the quality of our services, then give us a call or contact us online to schedule a free case review.
