Things you need to know before file for guardianship in North California: 10 answers to the most important questions

Caring for a relative could be hard, however, caring for an older parent includes its very own distinct questions. Sometimes, an older parent can no longer have the ability to care for themselves or manage their own financial or personal affairs, despite help.

Below are commonly requested guardianship questions and answers about guardianship matters.

How do I arrange the guardianship?

To begin a guardianship procedure you will need to file a Petition for Adjudication of Incompetence and Application for Appointment of Guardian and pay the associated Court filing

Where should I file for guardianship?

All of the guardianship proceedings are observed prior to the Clerk of Superior Court. You have to file at the County where the individual having a guardian needs resides or is a patient at a treatment hub.

So when will the guardianship hearing happen?

Within 5 days after filing the necessary files, the Clerk will issue a written notice of the day. The date will be between 10 and 30 days following service of this notice and request about the man having a guardian.

What evidence is introduced in the guardianship hearing?

The individual bringing the guardianship proceeding and the individual needing a guardian are equally permitted to present evidence in the hearing, to call witnesses, to analyze and cross-examine witnesses, and also to supply records to the Court that relate to competence or incompetence. Often, the testimony of a treating doctor is a vital piece of proof in the guardianship hearing. Testimony in the family, neighbors, friends, and other health care providers can also be common.

What if I don’t like the results of the guardianship hearing?

You can appeal to the Superior Court, but you must do so within 10 days of the date the order is recorded.

Who could be appointed guardian?

Any mature person, a company, or even a disinterested public agent (such as the Department of Social Services) could be appointed to serve as a guardian. When a parent makes a recommendation in his or her will for a specific individual as a guardian for an unmarried incompetent child this recommendation will be a guide for the Clerk, however, the Clerk isn’t obligated to follow this recommendation in the event he or she finds that another individual is at the incompetent adult’s best interest.

Could I be appointed as guardian should I reside outside the State of North Carolina?

Yes, even a nonresident of this State of North Carolina may be appointed guardian, even though there are a couple of added requirements. A nonresident should appoint somebody inside the State of North Carolina as their representative for purposes of accepting service of process with regard to the guardianship.

What reports does one guardian need to file?

A guardian of the property or a general guardian has to file with the Clerk an accounting or inventory within three weeks after being appointed as guardian. The same reports are required within 30 days following the expiry of one year from the date of being appointed as guardian, and yearly thereafter.

Can a guardian be eliminated or replaced?

Yes, indeed a guardian may resign by filing a motion with the Clerk, trying approval of their resignation. Upon the removal, death, or resignation of a guardian, the Clerk will designate a new guardian in precisely the same manner the first guardian was appointed, as mentioned previously.

How can I seek recovery of proficiency?

Occasionally incompetence is temporary, especially in which an incompetent individual suffers from a health condition. To look for recovery of proficiency, the guardian, ward or another interested person could file a motion with the Clerk setting forth the facts showing that the ward is capable.