Power of Attorney/ Guardianship Law

North Carolina: 704-608-3429           South Carolina: 803-351-3597

Incapacity planning is a broad area of law that covers how you are cared for if you become physically or mentally unable to care for yourself. The type of care could range from simple tasks like buying groceries, paying bills, and handling financial matters to more important decisions such as selling real estate or gifting assets to your children.

Our Estate planning lawyers understand the necessity of planning for your incapacity as well as your Estate, which is why we typically include a Durable Power of Attorney, Healthcare Power of Attorney, and Living Will with all comprehensive Estate plans.

Depending on your specific needs, we counsel clients and prepare a variety of planning techniques such as:

• Durable Power of Attorney
• General Power of Attorney
• Specific Power of Attorney
• Healthcare Power of Attorney
• Guardianship
• Living Wills

What is a Power of Attorney?

A power of attorney is a document that allows you to appoint a person or organization to handle your affairs while you're unavailable or unable to do so. The person you appoint is referred to as your "Attorney-in-Fact" or "Agent."

General Power of Attorney A general Power of Attorney authorizes your Agent to act on your behalf in a broad variety of different situations that are established by you.

Health Care Power of Attorney A Health Care Power of Attorney allows you to appoint a Health care agent for you become incapacitated.

Special Power of Attorney authorizes your Agent to act on your behalf in specific situations only. A common example of a when a special power of attorney would be used would be purchasing or selling real estate.

Durable Power of Attorney The general, special and health care powers of attorney can all be made "durable" by adding certain text to the document. This means that the document will remain in effect or take effect if you become mentally incompetent, at which time the document will need to be recorded with the Register of Deeds in your county of residence.

Living Will  A Living Will often referred to as an advance directive is a legal document typically involving your last dying illness, where you can make your wishes known regarding life prolonging medical treatments. North Carolina and South Carolina both have specific forms that are required to be used for preparing Living Wills, so it is important to seek advice from an Estate planning attorney.

Call our North Carolina Estate planning attorney directly at (704) 608 – 3429 or our South Carolina Estate planning lawyer at (803) 351 – 3597 to set up a consultation regarding Power of Attorney, Healthcare Power of Attorney, or Living Will.

Guardianship

In Mecklenburg County, North Carolina a guardian for individual may be appointed based the incompetency standard that the ward lacks sufficient capacity to manage his/her own affairs or to make or communicate important decisions concerning his/her person, family or property.

As elder family members age, they may no longer be able to manage their own affairs, and a court appointed general guardian, guardian of the person, or guardian of the estate may be needed in the event of incapacity or disability, where a designated person will be granted legal authority to provide for care for the incapacitated adult’s personal and /or property interests. Additionally, when a special needs child suffering from mental and/or physical disabilities turn 18, it is often necessary for a parent or family member to apply for guardianship so the special needs individual can be approved for supplemental government programs, benefits and extracurricular activities.

Guardianship in North Carolina based on incompetency is taken very seriously because it limits individual’s civil rights. At Nosal & Jeter, LLP, our experienced North Carolina Guardianship lawyers provide knowledgeable legal counsel on guardianship law and procedure. Our North Carolina guardianship attorney serves as a court appointed Guardian ad litem (GAL) in Mecklenburg county and has an indepth understanding of guardianship law.

Depending on your specific needs, we can assist with:

• Applying for guardianship of special needs individuals and elderly adults suffering from dementia, mental retardation, autism, and other forms of incapacitation.
• Representation in resolving conflicts between family members regarding guardianships
• Representation of guardian of the estate or general guardian regarding management of the ward’s assets

To discuss North Carolina guardianship law with an experienced lawyer, contact us today at (704) 608 - 3429.

Definitions of Common Guardianship Terms

Ward is the person who has been declared incompetent (or a minor). The ward is called the respondent at the incompetency proceeding stage.

Guardian is the person (or corporation) who has the fiduciary duty and responsibility for caring for the ward’s person and/or estate. Also, state agencies may be appointed as a disinterested public agent guardian.

Guardian ad litem Guardian ad litem is a person appointed by the Clerk of Superior Court to represent the ward if the ward does not have an attorney. The Guardian ad litem must be an attorney.

Guardian of the Estate A guardian appointed solely for the purpose of managing the property, estate, and business affairs of a ward.

Guardian of the Person A guardian appointed solely for the purpose of performing duties relating to the care, custody, and control of a ward. The guardian of the person does not handle any of the ward’s money or property.

General Guardian A guardian of both the estate and person.