Guardianship Guardianship is a legal relationship in which someone (the guardian) is authorized by the clerk of superior court to be substitute decision maker for an incompetent adult (the ward). Incompetence is determined in a court proceeding and means an adult is unable to manage his own affairs, or is unable to make important decisions. North Carolina Division of Aging and Adult Services Family Services Manual Volume V: Adult and Family Services Chapter VIII: Guardianship TABLE OF CONTENTS 5-1-05 TOPIC. SECTION PAGE. I. Introduction 6600. II. Planning for Guardianship and Guardianship. Proceedings 6610. A. Population Covered by Guardianship Laws. 1.
If you currently have guardianship in another state and wish to register that guardianship in North Carolina, you can do so using this form. Is it possible to transfer an adult guardianship from one state to another? Yes. Procedures for transferring adult guardianships to or from North Carolina are governed under G.S. 35B-30 and 35B-31. – A guardian appointed pursuant to G.S. 1A-1, Rule 17, Rules of Civil Procedure. (7) Incompetent adult. – An adult or emancipated minor who lacks sufficient capacity to manage the adult's own affairs or to make or communicate important decisions concerning the adult's person, family, or .
incapacitated adults, the Uniform Laws Commission developed the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA) for consideration by the states. The majority of states have adopted UAGPPJA, and North Carolina's guardianship system would be enhanced by adopting a version of UAGPPJA. If the guardian is not given the responsibility for certain things, the individual retains those rights. For A Free Estate Information Guide. How to Obtain Guardianship of a Parent in North Carolina. To obtain parental guardianship in North Carolina, a family member, friend, or social worker must file a .
The majority of North Carolina guardianship laws are located under Chapter 35A of the NC Statutes. The chapter provides procedures for the guardianship of incapacitated adults, minors, and for the estate. You can complete listing of NC guardianship law at the following link. The following rules apply to the agencies within the Division of Health Service Regulation: You can find both permanent and temporary rules on the N.C. Office of Administrative Hearing’s website. You can find the Medicare rules on the website for the Centers for Medicare & Medicaid Services (PDF, 57 KB).. Proposed changes to DHSR rules can be found on the Rule Actions page.