Guardianship is the legal relationship in which a person or agency is authorized by the Clerk of Court as a substitute decision maker to act on behalf of a person who does not have adequate capacity to make such decisions involving the management of personal affairs, property or both.
Who can File a Petition?
Any individual, including a family member may file a written petition with the Clerk of Court alleging that an adult should be declared incompetent and have a guardian appointed. The petitioner is responsible for presenting sufficient evidence to the Clerk.
Who Determines Incompetence?
After a petition has been filed with the Clerk of Court a hearing date is set. The Clerk of Court will decide incompetency of an adult.
What are the Powers and Duties of a Guardian?
The guardian's responsibility is determined by the clerk, and is based on applicable provisions of the law and the circumstances of the individual case. Guardianship ends with the death of the adult, or with judicial restoration of the adult's competency.
If you have any questions, please contact us at 704-732-1969 or come by our agency located at 1136 E. Main Street, Lincolnton.
For more information view the North Carolina Division of Aging and Adult Services website; www.ncdhhs.gov