North Carolina Sample Letter regarding Petition to Appoint Guardian and Issue Letters of Guardianship
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How to fill out Sample Letter Regarding Petition To Appoint Guardian And Issue Letters Of Guardianship?
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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 guardian is appointed for an adult if the court finds by clear, cogent and convincing evidence that a person alleged to be incompetent lacks sufficient capacity to manage his or her own affairs or to make or communicate important decisions about the person's self, family, or property.
A guardian may be appointed for a child who has been orphaned or because a North Carolina court has determined that it is in the child's best interest to terminate the parental rights of a child's biological parents. These cases often involve child abuse or neglect, drug or alcohol addiction, or parental incapacity.
A guardian of the person is appointed to make decisions about the ward's personal care, including medical and psychological treatment. Specific duties of a guardian of the person include: Take custody of the ward's person. Make provisions for the ward's care, comfort, and maintenance.
Child abuse and neglect. Failure to pay child support while subject to a court order to pay child support for more than one year. Willful abandonment of a child to foster care for more than twelve months. The inability to properly care for the child due to a mental or physical incapacity.
: someone who has the care of the person or property of another. often, specifically : a person granted legal custody of a minor who is not the person's own biological child. The school sent a letter home to all parents and guardians.
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.
The key difference between being a legal guardian and having legal custody is in regard to the child's parentage. Custody describes a biological parent caring for a child, but guardianship is given to someone other than a biological parent.
