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What is Probate Guardianship? continued.

Welcome back. We are here to talk more about probate guardianship. If you missed our previous blog post, be sure to visit back with it, before moving on. If you have questions, be sure to contact our probate lawyer in Cary NC.

Guardianship | Probate Lawyer in Cary NC

The second type of guardianship involves overseeing the child’s estate. This usually occurs when the child receives an inheritance from a parent or other relative. In most cases, if the estate was left by a deceased parent, the surviving parent manages it. If there are no other parents, or both have died, then the child needs someone to manage those financial affairs until he or she is 18 years old. This is when the court appoints a trust adult to manage the child’s finances.
The guardian must manage the money, collect the inventory, and make a list of all of the assets. It is important for the guardian to keep accurate financial records. He or she will also have to file financial reports regularly with the court to ensure that everything is being handled properly. In some cases, both the guardian of the child and his or her estate can be the same person.
In either case of guardianship, whether it is of the child or of the child’s estate, the court can remove an appointment if it is in the child’s best interest. The courts can appoint someone else, or can return him or her to the biological parent, or return financial duties back to the parent.
Remember, a guardian of a child can be responsible for the following, in addition to all of the above, depending on the situation. 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

In the next post we’ll look more closely at the duties of a guardian.

Eldreth Law Firm, 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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