An incapacitated adult

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One of the basic concepts of asset protection and estate planning is preparing for the day you lose the basic capacity to handle your own affairs. Unfortunately, that day may come for a loved one first—and leave you in the situation of needing to care for them. Guardianship isn't a procedure to be undertaken lightly, as it strips your loved one of many basic legal rights and literally puts their life in your hands. In situations where this drastic step is necessary, an attorney can help you navigate the complicated and emotionally-draining guardianship process. Guardianship is a change in legal status granted by a North Carolina court so that an incapacitated person becomes your ward.
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Health Care Decisions for Adults Without Decisionmaking Capacity - Study L-4000

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How to Arrange for Guardianship of an Impaired Adult

Guardianship is a legal arrangement where the court appoints a person or institution as a guardian to make decisions for an incapacitated person or a minor child -- decisions about housing, medical care, legal issues, and services. In , the Legislature changed the law so that a full guardian of an adult automatically has the powers of a conservator. Before , it was necessary to get two appointments, one for a guardian and one for a conservator. While a person appointed as guardian may also be appointed as conservator, a separate conservator can be appointed. A guardian is a person the court appoints to manage the affairs of another person, called the ward.
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Adult Protective Services & Guardianship

Electronic Filing is required in Guardianship cases filed at all family division and all probate division locations. Self-represented litigants will use the program TurboCourt. Guardianships of minors are done in the Family Division, unless the guardianship involves both the person and estate of the minor in which case it would be done in the Probate Division. A minor is defined as someone who is under 18 years of age and who is unmarried and unemancipated.
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Adult guardianship and conservatorship are terms that are used when a person is in some way incapacitated and can no longer handle his affairs and lacks capacity to sign a power of attorney document. In some instances the term curatorship may also be used when it comes to handling the finances of another person. We'll show you how the terms are used in various jurisdictions.
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