Guardianship plays two big roles within estate planning in Raleigh NC. The first role is establishing power of attorney. The second deals with protecting children, grandchildren, and any other potential minor (non-adult) beneficiaries.
Understanding Guardianship in Estate Planning in Raleigh NC
Creating durable powers of attorney (financial) and health care powers of attorney allows the designated individuals to make important decisions in the grantor’s stead, in the event that he or she becomes incapacitated or is declared incompetent by the courts.
The second application is with a grantor’s children, grandchildren, or minor beneficiaries. If a child’s parents die, the issue arises as to whom takes responsibility for the child. While the court does have final say on this, as the court always wants what’s in the child’s best interest, there is a law that states the court shall give considerable deference to a parent’s guardianship nomination in that parent’s last will.
For more information regarding estate planning in Raleigh NC and guardianship, contact our estate planning lawyer.
For those that do not have an estate plan in place, or haven’t reviewed theirs in several years, now might be the best time to start. Our estate lawyer in Raleigh NC is here to help you get your estate plan in order 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.
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