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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.
A guardian may be reimbursed from the ward's estate for reasonable expenses incurred in carrying out his duties as guardian. A guardian of the estate or general guardian may also receive a commission set by the clerk from the ward's estate for serving as guardian.
Modification of Guardianship Any person can file a motion to modify a guardianship, including a motion to remove a guardian. The clerk will hold a hearing on the motion and decide if any changes are in the ward's best interests.
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) An attorney or guardian ad litem appointed pursuant to G.S. 7B-601 shall be paid a reasonable fee fixed by the court or by direct engagement for specialized guardian ad litem services through the Administrative Office of the Courts.
Guardianship Salary in North Carolina. $97,700 is the 25th percentile. Salaries below this are outliers. $172,700 is the 75th percentile.
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.
§ 35A-1201. (3) The essential purpose of guardianship for an incompetent person is to replace the individual's authority to make decisions with the authority of a guardian when the individual does not have adequate capacity to make such decisions.