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Guardianship Attorneys in Western North Carolina

Expert Legal Guidance When You Need It Most

At the Law Office of Nathan Earwood, we understand that seeking legal guardianship for a loved one can be a difficult, emotional, and overwhelming process. Whether you are concerned about an aging parent, a disabled relative, or a loved one facing mental health challenges, you want to ensure their safety, well-being, and dignity. Our team of experienced guardianship attorneys is here to guide you through every step of the guardianship process in NC, providing the support and clarity you need to make informed decisions with confidence.

With over 90 years of combined experience and hundreds of five-star reviews from satisfied clients, our guardianship lawyers are ready to help you navigate this sensitive legal matter. We offer virtual, phone, and in-person consultations at any of our five convenient locations: Asheville, Waynesville, Sylva, Franklin, and Robbinsville

Why Choose the Law Office of Nathan Earwood?

Choosing the right guardianship attorney is a critical decision during an emotional time. Here’s why families across Western North Carolina trust us with their guardianship cases:

  • Decades of Experience
    With five attorneys and 90 years of combined experience, we have the knowledge and expertise to handle even the most complex cases.
  • Hundreds of 5-Star Reviews
    Our clients consistently rate us 5 stars for our empathetic approach, responsive service, and effective legal representation.
  • Local Expertise, Personal Care
    Serving Asheville, Waynesville, Sylva, Franklin, and Robbinsville, we’re deeply rooted in our community and understand the unique needs of North Carolina families.

Convenient Consultations
Whether you prefer a virtual consultation, an in-person meeting, or a phone call, we offer flexible options to suit your needs and schedule.

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What Is Guardianship and Why Might You Need It?

In North Carolina, legal guardianship refers to the legal process of appointing someone to make decisions on behalf of another person who is unable to care for themselves. This could be due to factors such as aging, illness, disability, or mental incapacity. Legal guardianship ensures that your loved one’s personal, medical, and financial decisions are made by someone who has their best interests at heart.

While it’s a tough situation to face, guardianship is sometimes necessary to protect someone’s well-being, healthcare, financial assets, and personal affairs. Whether your loved one has been diagnosed with a debilitating condition, has experienced a traumatic event, or is no longer able to make informed decisions, a guardian can step in to ensure their best interests are upheld.

There are different types of guardianships, including:

Guardianship over the Person

A guardian of the person is responsible for making decisions related to your loved one’s health care, living arrangements, and other personal needs. This includes:

  • Making medical decisions
  • Deciding on living arrangements, such as assisted living or home care
  • Arranging for daily living assistance when needed

Guardianship over the Estate

A guardian of the estate is responsible for managing your loved one’s financial matters. This includes:

  • Managing bank accounts, investments, and real estate
  • Filing taxes and paying bills
  • Ensuring assets are protected and well-maintained

General Guardianship

A general guardianship involves both personal and financial responsibilities. This is ideal when one person needs to manage all aspects of a loved one’s life, ensuring that their health and financial interests are protected.

Why Do You Need a Guardianship Attorney?

The process of guardianship in NC can be complex and emotionally taxing. It involves filing a petition with the court, presenting medical evidence, and potentially facing a hearing to prove that your loved one is indeed incapable of making decisions for themselves. At the Law Office of Nathan Earwood, we provide experienced guardianship lawyers to ensure that your loved one’s rights are protected and that the guardianship process is handled smoothly.

How We Can Help: Experienced Guidance Through Every Step

With five office locations throughout Western North Carolina and a team of guardianship attorneys with decades of combined experience, we are committed to providing personalized, compassionate assistance throughout the entire guardianship process. Whether you need a guardianship for your parent, spouse, or another family member, we are here to help guide you through the complexities of the law with clarity and understanding.

The Guardianship Process in North Carolina: What to Expect

The process of establishing guardianship in North Carolina typically follows these steps: 

1. Petition for Declaration of Incompetence

The process begins by filing a petition for a declaration of incompetence with the court. This petition must provide evidence, including medical documentation, that the individual cannot make decisions on their own behalf. Our guardianship attorneys will help you compile the necessary evidence to strengthen your case.

2. Court Appointment of Guardian Ad Litem

Once the petition is filed, the court will appoint a guardian ad litem to investigate the case and make recommendations. This may include interviews with the individual, family members, and healthcare providers.

3. Hearing and Court Decision

The court will schedule a hearing where all interested parties can present evidence. The judge will then decide whether a legal guardianship is necessary and appoint the appropriate guardian.

4. Ongoing Oversight

Once a guardian is appointed, they must provide periodic reports to the court. These reports will detail the ward’s well-being and the management of their affairs. This ensures that the guardianship is in the ward’s best interests.

Frequently Asked Questions

What does it mean to be declared “incompetent”?

Incompetency means that a person lacks the legal ability to make decisions for themselves due to mental or physical incapacity. A court must officially declare someone incompetent before guardianship can be established.

What is the difference between a power of attorney and guardianship?

A power of attorney is a legal document that allows someone to make decisions on behalf of another person, but only if the individual still has the mental capacity to grant it. If someone loses the ability to make decisions, a guardianship may be necessary to protect their interests.

What is the role of a guardian?

A guardian is responsible for making decisions on behalf of the ward in their best interests. This can include healthcare, living arrangements, and financial decisions, depending on whether the guardian is appointed over the person, the estate, or both.

Do I need an attorney for guardianship?

While it’s not legally required to hire an attorney for guardianship, it’s highly recommended. Guardianship cases can be complex, and having an experienced attorney ensures that your loved one’s rights and interests are fully protected.

How do I know if a guardianship is needed?

A guardianship attorney can help assess whether a loved one is legally incapable of making decisions for themselves and whether guardianship is the right option. Signs that a guardianship may be necessary include the inability to manage finances, medical care, or daily living activities.

How long does the guardianship process take in NC?

The guardianship process can take several months, depending on the complexity of the case and the court’s schedule. Our attorneys work diligently to ensure the process moves as quickly and smoothly as possible.

Can a guardianship be contested?

Yes, a guardianship can be contested if someone believes the person in need of a guardian is capable of managing their own affairs or if there are concerns about the proposed guardian. A skilled guardianship attorney can help you navigate any challenges that arise during the process.

Get the Support You Need: Contact Us Today

At the Law Office of Nathan Earwood, we’re here to provide you with the legal expertise and compassionate support you need during this challenging time. Our attorneys are committed to ensuring that your loved one’s well-being is protected and that the guardianship process is as smooth as possible.

Contact us today to schedule a consultation. Whether in-person, virtually, or by phone, we’re here to help you navigate the guardianship process and make the best decisions for your loved one.

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