North Carolina Petition for Appointment of Legal Co-Guardian of Person and Estate of Minor - One Guardian Previously Appointed

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Multi-State
Control #:
US-01207BG
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Word; 
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Description

A guardianship is a legal relationship created when a person is assigned by the court to take care of minor children. Generally, to become a guardian of a child either the party intending to be the guardian or another family member, or a close friend of the family will petition the court to appoint the guardian. The guardianship of a minor remains under court supervision until the child reaches majority at 18. Local laws vary, but many courts require certain interested parties to be served with notice of guardianship hearings. Such notices often have to be served upon the person, with a sworn statement of the person making the service later returned to the court as proof of such service. In some cases, the interested party may waive the notice requirements and/or join in the petition.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Petition for Appointment of Legal Co-Guardian of Person and Estate of Minor - One Guardian Previously Appointed
  • Preview Petition for Appointment of Legal Co-Guardian of Person and Estate of Minor - One Guardian Previously Appointed
  • Preview Petition for Appointment of Legal Co-Guardian of Person and Estate of Minor - One Guardian Previously Appointed
  • Preview Petition for Appointment of Legal Co-Guardian of Person and Estate of Minor - One Guardian Previously Appointed
  • Preview Petition for Appointment of Legal Co-Guardian of Person and Estate of Minor - One Guardian Previously Appointed

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FAQ

For someone to become a ward, a judge must find them incapacitated or incompetent. They must suffer from a ?condition in which a person is incapable of managing their own affairs.? Once the court determines that a person is incapacitated, the court will appoint a guardian.

With a power of attorney, you choose who you want to act for you. In a guardianship proceeding, the court chooses who will act as guardian.

5) How long does guardianship last? The individual under guardianship remains under guardianship until their competency is restored through court proceedings, or until they die.

To obtain guardianship, you must apply to the Clerk of Superior Court in the county where the child lives. The application form, provided by the clerk's office, requires a preliminary inventory of the ward's assets and liabilities.

To obtain guardianship, you must apply to the Clerk of Superior Court in the county where the child lives. The application form, provided by the clerk's office, requires a preliminary inventory of the ward's assets and liabilities.

There is a $120 filing fee, as well as a $30 fee for the sheriff to serve the respondent with the petition. The clerk of superior court determines who is responsible for payment of fees and costs.

Guardianship does not terminate a parent's rights, so sometimes a permanent guardianship that allows visitation with a parent is in a child's best interests.

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North Carolina Petition for Appointment of Legal Co-Guardian of Person and Estate of Minor - One Guardian Previously Appointed