Charlotte Guardianship Attorneys

When a person is unable to care for themselves, a guardian may be appointed to make decisions on their behalf. This is often the case with children, but it can also be necessary for adults who are incapacitated. At Hicks-Guinn Law, we understand how important it is to protect your loved ones. Our Charlotte guardianship lawyers can help you navigate the legal process and ensure your loved one is cared for.

Our Charlotte estate planning law firm is dedicated to providing experienced legal representation for families navigating the North Carolina guardianship process. Whether you are seeking to establish guardianship over a minor child or an adult who cannot care for themselves, we understand the emotional and legal complexities involved. Our skilled attorneys provide personalized guidance to ensure that your loved one’s well-being is protected, and your rights as a guardian are fully recognized.

Call us at (888) 373-9699 or contact us online to schedule a consultation with our a guardianship lawyer near you.

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What Sets Us Apart From The Rest?

Hicks-Guinn Law, PLLC is here to help you get the results you need with a team you can trust.

  • Experienced Firm
    Benefit from the wealth of experience our team brings to your side. In addition to successfully handling numerous cases, Robyn Hicks-Guinn also shares her expertise by instructing and mentoring other legal professionals.
  • Personalized Solutions
    When you choose our firm, you will receive personalized legal representation. We will take the time to get to know you and work closely with you to develop a strategy tailored to your needs.
  • Flexible Consultations
    We are flexible and committed to meeting you wherever is most convenient. Whether it's at your home, in a hospital, or through a virtual consultation, we ensure accessibility across the entire state.
  • Every Case Prepared for Court

    Every case is meticulously prepared for court, ensuring that our clients receive the best representation and our commitment to achieving optimal outcomes for those we serve.

What Is a Legal Guardian?

A legal guardian is a person who is appointed by the court to make decisions on behalf of another person. The person who is being cared for is called the ward. The guardian is responsible for making decisions about the ward’s medical care, living arrangements and other important matters. The guardian is also responsible for managing the ward’s finances. 

There are two types of guardianship in North Carolina:

  • Guardian of the person: A guardian of the person is responsible for making decisions about the ward’s medical care, living arrangements and other personal matters.
  • Guardian of the estate: A guardian of the estate is responsible for managing the ward’s finances.

One person can be appointed as the guardian of the person and the estate, or two different people can be appointed to serve as guardians. The court will determine who is best suited to serve as the guardian based on the ward's best interests.

Guardianship for Minors in Charlotte

Guardianship for minors is an essential legal process designed to ensure that children are cared for in the event that their parents are unable or unavailable to fulfill their parental responsibilities. Guardianship can arise from various circumstances, including the death of a parent, parental incapacity, or if the child is at risk of harm or neglect. In North Carolina, a court must approve the guardianship arrangement to ensure it is in the best interests of the minor.

Types of Guardianships for Minors:

  • Temporary Guardianship: This type of guardianship is usually established when the child's parents are temporarily unable to care for them, such as due to illness, military deployment, or another short-term situation.
  • Permanent Guardianship: When a parent is permanently unable to care for their child due to incapacity or death, a permanent guardianship arrangement may be made to ensure the child’s safety and well-being in the long term.

How We Can Help:

  • Filing Petitions: Our Charlotte guardianship attorneys can help you navigate the legal process of petitioning the court for guardianship. We will work with you to gather necessary documentation and present your case to the judge.
  • Guardianship Modifications: Sometimes circumstances change, and you may need to modify the guardianship arrangement. We provide legal support to ensure that any modifications align with the child’s best interests.
  • Advocating for the Child’s Best Interests: Whether you are seeking guardianship or defending against it, our attorneys prioritize the child’s well-being. We advocate for what is best for the minor, ensuring that their safety, health, and future are protected.

Guardianship for Adults in Charlotte

Guardianship for adults may be necessary when an individual is no longer able to care for themselves due to age, illness, or disability. The process involves a court-appointed guardian who assumes responsibility for the person's well-being, health care, and financial affairs. Guardianship for adults is a significant legal responsibility and requires careful consideration to ensure that the individual’s rights are respected while ensuring they receive the care and support they need.

Types of Adult Guardianships:

  • Guardianship of the Person: This type of guardianship allows the guardian to make decisions regarding the personal care, living arrangements, and healthcare of the incapacitated person.
  • Guardianship of the Estate: In this case, the guardian is responsible for managing the financial and property-related affairs of the individual.
  • Plenary Guardianship: This comprehensive form of guardianship allows the guardian to make all decisions on behalf of the incapacitated person regarding both their personal care and financial matters.
  • Limited Guardianship: This arrangement allows the guardian to make only certain decisions on behalf of the individual, leaving other aspects of their life under the person’s control.

How We Can Help:

  • Petitions for Guardianship: Our Chalotte adult guardianship attorneys can assist you with the legal process of filing a guardianship petition for an adult who is incapacitated. We will guide you through the necessary documentation and court procedures.
  • Advocacy for Incapacitated Adults: Guardianship is a serious decision that impacts an individual’s rights. We ensure that the process is fair, transparent, and done with full respect for the adult’s dignity.
  • Conservatorships: In some cases, a conservatorship may be more appropriate than a full guardianship. We can help you determine the best course of action for your loved one.
  • Contested Guardianship: If someone contests the guardianship, we are prepared to defend your right to be appointed as guardian and ensure that your loved one receives the appropriate care.

Call us at (888) 373-9699 or contact us online to schedule a consultation with our a guardianship attorney near you.

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  • From the first meeting Robyn was very knowledgeable, professional and empathetic which I highly value. Robyn and team genuinely cared about making sure I got the information that I needed to make the best decision.
    - Amara R.
  • I had a sensitive matter that needed to be handled quickly and efficiently and they took care of my needs. I would recommend their services anytime!
    - Tedra B.

    How to Establish Guardianship

    Guardianship is established through the court. The process begins by filing a petition with the court. The petition must include information about the person being cared for, the person seeking to be appointed as the guardian and the reason why the guardian is needed. The court will then hold a hearing to determine whether to appoint a guardian.

    At the hearing, the court will consider the following factors:

    • The age of the ward
    • The mental and physical condition of the ward
    • The ability of the ward to care for themselves
    • The ability of the ward to make decisions
    • The ability of the ward to manage their finances
    • The relationship between the ward and the person seeking to be appointed as the guardian
    • Whether or not the person seeking to be appointed as the guardian has a criminal record

    The court may also consider the ward's wishes if they can express them. If the ward is a child, the court will consider the wishes of the child’s parents. The court may also consider the wishes of other family members and friends.

    How Our Guardianship Attorneys Can Help

    Establishing guardianship can be a complex process. Our Charlotte guardianship lawyers can help you navigate the legal process and ensure your loved one is cared for. We will work with you to gather the necessary information and prepare the petition. We will also represent you at the hearing and present evidence to support your case.

    Our team can help you with all aspects of guardianship, including:

    • Establishing guardianship
    • Modifying guardianship
    • Terminating guardianship

    If you seek to be appointed as a guardian, we can help you gather the necessary information and present your case to the court. If you seek to modify or terminate guardianship, we can help you present evidence to support your case.

    Contact Our Guardianship Lawyers in Charlotte

    If you are considering guardianship for a minor or an adult in North Carolina, it is essential to consult with an experienced guardianship attorney. Contact Hicks-Guinn Law, PLLC today for a consultation. Let us help you protect your loved ones and ensure that the guardianship process goes smoothly and efficiently.

    Schedule your consultation by calling us at (888) 373-9699 or filling out our online form.

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