North Carolina Petition for Temporary Guardianship - Military

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Multi-State
Control #:
US-03312BG
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Word; 
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Description

Some state statutes provide for temporary or limited guardianships. These guardianships are generally granted by the courts to achieve a specific purpose for a certain amount of time. Once the purpose is accomplished, the guardianship is terminated.


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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FAQ

You must file a complete petition for guardianship with the Clerk of the Superior Court. Immediately following filing this petition, you must properly serve the allegedly incompetent adult, otherwise known as the respondent. You may also need to serve the respondent's closest family members.

A power of attorney and a guardianship are tools that help someone act in your stead if you become incapacitated. 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.

The guardian may have the authority to decide where and with whom the ward lives, what medical treatment the ward receives, how to handle the ward's money and property, how to resolve legal claims or court cases in which the ward is involved, and whether to enter into contracts on the ward's behalf.

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.

Parents may temporarily assign another adult guardianship over their child if they need this temporary assistance. A temporary guardianship may be arranged without a court order if: It is to last for 6 months or less; and. The parents sign and notarize a temporary guardianship agreement, and.

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.

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North Carolina Petition for Temporary Guardianship - Military