Our children are our future, and at Carolina Estate Planning, we assist our clients in all matters of child guardianship to ensure a bright future for the children they care about. Seeking guardianship of a minor child can be a complicated process requiring appropriate forms and documentation as well as court appearances. Attorney Jeff Bloomfield takes pride in his craft and his ability to provide his clients with representation that keeps them informed while also alleviating the headaches that can result throughout this process.
When A Guardianship May Be Needed
There are various situations in which a guardianship of a minor child may be needed, including:
- Death of Both Parents: When both parents pass away, a guardian may need to be appointed. Per statute, “substantial weight” is given to the choice of guardian made in the parents’ Will.
- Parents Are Incapacitated: In situations where the parents are unable to care for their children due to physical or mental incapacity a guardian may be needed.
- Lack of Housing: In situations where the parents are unable to provide the child with suitable housing or meet the other basic needs of the child, a guardianship may be appropriate.
- Child Abandonment: When the parents have chosen to cease providing for a child a guardianship may be necessary.
Types of Guardianships
North Carolina recognizes three different types of guardianships. They are:
- Guardian Of The Person: A Guardian of the Person makes decisions regarding personal matters such as where the child will reside, what doctors will provide the child’s medical care, and what school the child will attend. This type of guardian does not handle the child’s financial affairs.
- Guardian Of The Estate: A Guardian of the Estate handles the financial affairs of the child. They decide which assets to retain and which assets to sell. They are also responsible for ensuring debts are paid. This type of guardian is not responsible for decisions regarding the child’s general well being.
- General Guardian: A General Guardian is a combination of the Guardian of the Person and the Guardian of the Estate. A General Guardian is responsible for decisions regarding the child’s welfare and finances.
Quick Facts About North Carolina Guardianships
- A guardianship may be temporary or permanent.
- Appointment of a guardian for a minor child does not mean the parents rights have been terminated.
- Guardianship and adoption are two separate legal actions.
- Unless otherwise ordered by the Court, a guardianship ends when the child turns 18 years of age.
- Parents may consent to a guardianship but it is not necessary.
Jeff Can Answer Your Questions About Guardianship
My name is Jeff Bloomfield, and I am the Attorney at Carolina Estate Planning. Contact me at your convenience with any questions or concerns you may have regarding guardianship of minor children. My telephone number is 336-221-4457 or you reach me through my contact page. I have the experience you are looking for in an attorney and can provide you with the skilled representation you seek.