North Carolina Petition for Notice to Minor to Nominate or Select Guardian

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Multi-State
Control #:
US-03326BG
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Word; 
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Description

In most jurisdictions, a minor, on reaching a certain age, which was 14 years at common law, may choose his or her own guardian, conditioned on the guardian's posting of a bond and subject to confirmation by the court. The authorities are not in agreement as to whether a minor's right to select a guardian may be exercised for the purpose of superseding a guardian previously appointed. Where a minor is not of sufficient age to have an unqualified right to select a guardian, it is usual for the court to ascertain the preference of the minor if the minor is of an age to exercise an intelligent choice.

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FAQ

POWERS OF GUARDIAN: The powers that the court may transfer to the guardian of the person in full or in part include: the power to provide informed consent to voluntary or involuntary medical examination and treatment if it is in the ward's best interest. any other power the court specifically identifies.

In general, the court may grant the guardian the power to make medical decisions, determine living arrangements, social settings, manage property, and handle financial affairs such as banking, investments, and expenses, including household and long-term care costs and taxes.

Make provisions for the ward's care, comfort, and maintenance. Take any responsible action necessary to protect the ward from further mistreatment in instances where the guardian learns the ward is being mistreated. Arrange for the ward's training, education, employment, habilitation, or rehabilitation.

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.

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. If the child is 14 or older, the child will sign the agreement.

Responsibilities of a Guardian They are responsible for the care and comfort of the person who has been deemed incompetent. A guardian is responsible for: Deciding where their ward will live. Authorizing health care.

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North Carolina Petition for Notice to Minor to Nominate or Select Guardian