What is Probate Guardianship?

When a child is left without a parent due to death, sickness, or incompetence, the court may appoint someone to take care of him or her. This appointment is called a probate guardianship. Today, our probate lawyer in Cary NC is here to talk about this type of of guardianship.

Probate Guardianship | Probate Lawyer in Cary NC

There are many reasons why a child may need a guardian. The parents may have died or could be ill. One or both could have mental illnesses, or they could have a history of abuse. They could be struggling with drug addiction and may need to go to a rehabilitation program. Or they could be in the military and have to report for duty in another country. It is up to the court to find a safe environment for the child in these cases when the parents cannot provide for their son or daughter.
There are two types of guardianships, one that oversees the child and one that manages the estate of the child. In the case of guardianship of the child, the person appointed has the same responsibilities that a parent would have, such as:

  • Providing basic needs like food, clothing and shelter
  • Offering a safe home and protection from harm
  • Seeing that he or she has medical and dental care
  • Ensuring the child’s emotional and physical needs are met
  • Making sure he or she is enrolled in school

The guardian has full legal custody of the child, so he or she must make all decisions regarding the child’s well being. A guardian can be anyone, from a relative or a friend of the family, to someone else suitable to take on this responsibility. The parents’ rights are suspended as long as the guardian is appointed by the court. This can last for a few months or up to the time when the child turns 18 years old.
The court can give other duties to the guardian such as requiring counseling or parenting classes. The court can also see that certain services as provided to the child, such as visitation with the biological parents or other relatives. The guardian should follow all court orders.
To learn about the second type of guardianship, as well as probate guardianship, be sure to visit back with the continuation of this blog post.

Eldreth and Eldreth PLLC | Probate Lawyer in Cary NC

If you don’t have an estate plan in place or haven’t reviewed yours in several years, now might be the best time to start. Our probate lawyer in Cary NC is here to help you get your estate planning in order and ready should you pass in an untimely manner or become incapacitated at some point. It’s better to be safe than sorry when it comes to an estate plan. Contact our office.
As always, feel free to contact us at our office to schedule a consultation with if you are looking for a lawyer to represent you in other legal matters. We are here to assist you with small business needs, trademarking, copyrighting and  DWI issues.

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