Children’s Rights and Elder Law

  • Guardian ad Litem Representation
  • Juvenile Delinquency
  • Guardianships
  • Power of Attorney
  • Special Needs Planning

Children’s voices sometimes can be lost in a custody case or any civil action involving a minor child. A Guardian ad Litem represents the child’s best interests in court and can be a useful tool for protecting and advocating for that child.

Contact us today at (704) 829-8195

Guardianship

You may have a loved one who has diminished capacity and needs someone to manage their finances or just needs someone to make the day to day decisions for them.  The person with diminished capacity is referred to as the “ward.”

There are three types of guardians: Guardian of the Estate, Guardian of the Person and General Guardian.  Each type has specific duties relating to the ward from managing the money and property of the ward to duties relating to the care, custody and control of the ward.

Guardianship is sometimes a much needed process, however one should enter into being a guardian with caution.  A guardian has a fiduciary duty to account for every penny that is spent on behalf of the ward.  If the guardian fails to account as required, the guardian may be issued a show cause order by the Clerk of Superior Court to explain why he/she failed to file the proper papers for the ward’s estate. Violations are a serious matter and can result in the guardian placed in the county jail and/or removal as guardian.

Qualification for guardianship is a tedious and time consuming ordeal and may even require the guardian to be bonded to provide protection for the ward.

Guardians of the Estate and General Guardians must complete a detailed inventory of the finances at various times and an attorney may be needed in order to navigate through this process.

Power of Attorney/Healthcare Power of Attorney

A Power of Attorney and a Healthcare Power of Attorney are two different legal documents. There are a variety of reasons to execute a Power of Attorney so that another party can act in your stead if you are unable. For instance, you might live out of state and need a friend or relative or another trusted party to sign a legal document in your extended absence. Alternatively, you might be planning for the possibility that you might have diminished capacity to make decisions in the future, and you want to make sure you appoint the right person to handle your finances.

A Healthcare Power of Attorney determines who can make decisions about your healthcare if you are incapacitated. If you are going to have a serious surgery or want to plan for the onset of diminishing mental capacity, then a Healthcare Power of Attorney appoints a person who can make decisions about what type of medical treatment you receive. You can also have a Living Will that puts certain restrictions on the Healthcare Power of Attorney, requiring the agent, the person you designated to make decisions, to follow your directives.

Deciding which documents to complete, who to appoint, and under what circumstances they apply can be difficult. An attorney can assist you with discussing the documents, drafting the necessary paperwork, finding appropriate witnesses, and making sure the right documents are filed at the Register of Deeds or sent to the appropriate healthcare providers. If you would like to speak with an attorney about your rights, whether you are thinking about documents or if you are someone’s agent, then feel free to call to set up a consultation.

Have questions?

Contact us today!

Contact Us Today!

100 Glenway Street, Suite A,
Belmont, NC 28012
P: (704) 829-8195
F: (704) 970-7730

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