Incompetency & Guardianship Lawyers in High Point, North Carolina
Incompetency Attorneys in North Carolina
In High Point and Greensboro, North Carolina, those who are 18 years of age or older are entitled to broad rights of self-determination. There are however situations that can render an adult incapable of making rational decisions regarding their health care and/or finances.
You will need the help of a good lawyer with the experience to help you with the complexities of incompetency and guardianship law in North Carolina.Learn more about Incompetency and Guardianship with the legal definitions below. Complete the quick form to the right and we will be in touch.
Help with Guardianships in North Carolina
These circumstances create vulnerabilities that can threaten the health, safety, and financial assets of someone we care deeply for. Incompetency lawyers at Cecil & Cecil, P.A. in High Point are experienced in the litigation required to adjudicate a vulnerable adult incompetent. Our attorneys can obtain the appointment of one or more guardians to provide for their care and protection of your loved ones..
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Legal Definitions for Incompetency and Guardianship Law in North Carolina
In North Carolina, the laws governing incompetency and guardianship are designed to protect individuals who are unable to manage their personal or financial affairs due to a variety of reasons, including mental illness, developmental disabilities, or physical incapacity.
These laws ensure that such individuals are cared for and their assets are managed responsibly. The following is a list of legal terms and definitions pertinent to incompetency and guardianship law in North Carolina, organized alphabetically to aid in understanding and navigating this complex legal area.
Adjudicated Incompetent: A legal determination made by a court that an individual lacks the capacity to manage their personal affairs and/or financial matters due to a mental impairment or incapacity.
Clerk of Superior Court: In North Carolina, the Clerk of Superior Court acts as the ex officio judge of probate and is responsible for adjudicating incompetency proceedings and appointing guardians.
Guardianship: A legal relationship established by the court where a guardian is given the authority to make decisions on behalf of an incompetent adult or minor (referred to as the “ward”).
Guardian ad Litem: A person appointed by the court to represent the best interests of someone involved in a legal proceeding, typically a child or an adult who has been declared incompetent.
Guardian of the Person: A guardian appointed to make decisions regarding the personal care, custody, and control of an adjudicated incompetent person, excluding financial decisions.
Incompetence: A legal determination made by the court that an adult or emancipated minor lacks the sufficient capacity to manage his or her own affairs or to make or communicate important decisions concerning his or her person, family, or property.
Involuntary Commitment: A legal process through which an individual with severe mental illness can be ordered by the court into treatment against their will. While related to issues of competence, it
Minor: An individual under the age of majority, usually under 18 years old, who has not been legally emancipated. Minors are generally considered to be legally incompetent to handle their own affairs fully.
These legal provisions ensure that guardians are appointed to act in the best interests of the wards, helping them navigate personal, medical, and financial decisions. For specific advice and guidance, consulting with a legal professional specialized in this area of law is highly recommended.
NCDHHS: Guardianship and Alternatives to Guardianship
North Carolina Judicial Branch: Guardianship
The legal definitions provided on this page are for informational purposes only, and should not be construed as legal advice. Please consult with a qualified attorney for specific guidance and advice regarding your individual situation.
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