Incompetency & Guardianship Lawyers in High Point, North Carolina

Need help with guardianships and incompetency with your family or other loved ones. The expert Guardianship Lawyers can assist you with all of your Incompetency and Guardianship needs.

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.


Mini-Info. Form

Cecil & Cecil Lawyers in High Point

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..

Complete our CLIENT REVIEW or CALL US, we will help you get the results you need.

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.

Adult: In the context of guardianship laws, an adult refers to any individual who has reached the age of majority, which is typically 18 years in most jurisdictions, including North Carolina.

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.

Competency: The legal capacity of an individual to make their own decisions. A competent individual can understand and appreciate the nature and consequences of their decisions regarding their personal and financial affairs.

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.

Estate Guardian: A type of guardian appointed to manage the property, financial assets, and other estate matters of an adjudicated incompetent person
Guardian: A person, agency, or organization appointed by the court to make decisions on behalf of an incompetent adult or minor. Guardians have a fiduciary duty to act in the best interests of the ward.

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

Limited Guardian: A guardian whose powers are limited by the court to certain specified functions, allowing the ward to retain as much control over their life as possible.

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.

Ward: The individual for whom a guardianship has been established. A ward is someone who has been legally determined to be incompetent to manage their own affairs and requires a guardian.
The terminology associated with Incompetency and Guardianship can be complex, gaining familiarity with these terms is an important step in understanding the laws that govern incompetency.

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.

Contact Us For All  Your Legal Needs

Monday – Friday: 8:30 am – 5:00 pm
Saturday – Sunday: Closed

Complete and Submit our New Client Information form

Thank you for your interest in Cecil & Cecil, P.A. As a leading law firm in High Point, NC, we’re happy to take on new clients and address their legal needs. Below you can find our New Client Information Form. You can submit the form and download and bring it with you to your first consultation. This will allow us to optimize your time meeting with our attorneys. Feel free to contact us if you have any questions.

*Completing and submitting this form does not constitute an attorney-client relationship between Cecil & Cecil, P.A., and the user.