Guardianship

Guardianship is a legal relationship created where a person or institution is named in a will or assigned by the court to take care of minor children or incompetent adults

Different Types of Guardianship:

• General Guardianship: Appointed as both Guardian of the Person and Guardian of the Estate
• Guardianship of the Person: Appointed solely for the purpose of performing duties relating to care, custody, and control
• Limited Guardianship Tailored to fit the individual in the areas in which assistance with decision making is needed
• Interim Guardianship Appointed when there is an imminent or foreseeable risk of harm to the individual or their estate
• Website for more information on guardianship alternatives: https://rethinkingguardianshipnc.org/

Guardianship (Applying for General Guardianship - Orange Co.)

1. You will need to acquire the following documents:
   • Complete the "Petition for Adjudication of Incompetence and Application for Appointment of Guardian or Limited Guardian".
     • Please remember that the parent is the petitioner, not a medical professional, this is particularly applicable in Section 5, where information about facts that illustrate incompetence are needed.
   • A separate doctor's note on professional letterhead that claims your child as being incompetent.
2. Once the “Petition” and doctor’s note have been completed, call and schedule an appointment with Deputy Clerk at the Orange County Courthouse.
   • The deputy clerk's direct number is (919) 644-4536.
   • Once a hearing is scheduled, a Guardian Ad Litem will be assigned by the Clerk to the Individual.

 

Helpful Links:

• Rethinking Guardianship (Guardianship Options)
• Autism Society NC Guardianship
• ASNC Guardianship Webinar
• NC Courts Guardianship Information