North Carolina Guardianship and Conservatorship Law Firm
North Carolina trust and estate attorney helps you protect your loved ones
When devising your estate plan, the care of your love ones is likely your foremost concern. Guardianship attorney James L. Blomeley, Jr. at Blomeley Law Firm has more than 30 years of experience in this area of the law. We can provide you with sound advice and professional assistance with crucial decisions about the financial support, protection and guardianship for an incapacitated elderly parent or relative.
When an elder loses the ability to think clearly, it affects his or her ability to participate meaningfully in decision-making. When the person you are caring for is unable to make rational, clear-headed decisions about health care, finances, or other aspects of life, guardianship may be the next step (particularly if there is disagreement among family members about these issues).
Guardianship is an option when your elderly parent does not have a power of attorney or advanced directive in place. In order to act as someone’s legal guardian, you have to go to court to have the person declared incompetent based on expert findings. In guardianship cases, also known as conservatorship, a court declares a person incompetent and appoints a guardian. The court transfers the responsibility for managing finances, living arrangements, and medical decisions to the guardian.
Choosing a guardian
It is appropriate to select and name a guardian who will decide how to spend the elder’s money, where the elder will live, what medical care the elder will receive, and how much freedom the elder has in his or her life. The powers can be total. An elder under guardianship loses the freedom to make decisions for himself or herself about all important aspects of life.
The guardian also has a duty to protect the elder from abuse, to keep complete records of all expenditures, and to report regularly to the court which appointed the guardian, as to the elder’s finances and status. The requirements vary somewhat from state to state, but generally, the court decides how often the guardian must return to court to report to the court how money is spent and what the status is of the elder. Being a guardian is a very heavy responsibility. It is formal, public and supervised.
Caring for an incapacitated adult
We can help you arrange for the care of an elderly parent or disabled adult child. We can guide you in choosing a conservator whom you can trust to manage the financial needs of your loved ones according to your wishes.
Contact the thorough estate planning law firm, Blomeley Law Firm
Call Blomeley Law Firm at (828) 837-3261 or contact us online to schedule your appointment.