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.
PRACTICE AREAS
Criminal Law
Family Law
Immigration Law
Estate Law
Traffic
Tribal EBCI Court
WCU Student Discipline
Personal Injury
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.