Contested Guardianship Attorney in Raleigh, NC

If you are involved in a contested guardianship, you need a reputable attorney to help you retain your rights. 

At Brady Cobin Law Group, we are a team of experienced attorneys in Raleigh, NC. We can represent your case, helping you dispute a guardianship proceeding against you. Call us today at (919) 782-3500 and request a consultation with one of our reputable guardianship lawyers.

What Is Guardianship in North Carolina?

As an older adult, you might find that those around you question your ability to make sound financial decisions or take care of your health. If someone believes that you lack the capacity to manage your affairs, they can file a petition for guardianship with the probate court. 

Under Chapter 35A of the North Carolina General Statutes, guardianship is the appointment of a trusted person (legal guardian) to make decisions on behalf of an adult (ward) who is mentally incompetent due to: 

  • Mental illness
  • Developmental or intellectual disability
  • Epilepsy
  • Physical illness or disease
  • Autism
  • Brain injury
  • Senility
  • Substance abuse 

If the petitioner can prove that any of the above factors impact your cognitive ability, the court may grant guardianship.

North Carolina Guardianship – Legal Consequences

If you are under guardianship, your legal guardian can make decisions about your healthcare, personal affairs, or estate, depending on the circumstances and type of guardianship. Three types of guardianship exist: 

  • Guardian of the person: In this case, the guardian can decide about the ward’s medical treatments, living arrangements, and day-to-day matters relating to the ward’s wellbeing. 
  • Guardian of the estate: This type of guardian makes decisions about the ward’s finances and helps them pay their bills, sell real estate, and handle their financial accounts. 
  • General guardian: The court may appoint a general guardian who has the duties of both a guardian of the person and a guardian of the estate. 

Depending on the type of guardian that the court appoints, you may lose the right to take specific actions or make decisions: 

  • Choosing where you reside
  • Choosing where you seek medical care
  • Managing your money
  • Agreeing to contracts
  • Making major purchases
  • Selling real property 

In some cases, wards also lose their driving privileges, which increases their dependency on others.

Avoiding Guardianship in North Carolina

Drawing up durable or healthcare power of attorney is among the most effective ways to avoid a guardianship proceeding and keep your independence. This legal document lets you choose someone you trust to make decisions on your behalf when you become incompetent or lose your ability to make sound financial decisions. 

At Brady Cobin Law Group, we can help you prepare a special needs file that includes powers of attorney documents and healthcare directives.

Contested Guardianship in North Carolina

Suppose you don’t have a power of attorney and someone files a petition to place you under guardianship. In this case, you can contest the guardianship, even if you suffer from an illness or condition. 

During guardianship proceedings, you have the right to appoint a legal representative. At Brady Cobin Law Group, we provide professional legal representation to respondents in guardianship proceedings. As part of this legal solution, we determine if a guardianship is necessary and if the individual petitioning for the role has your best interests at heart. 

We will also represent you during all guardianship proceedings before the Clerk of the Court, the Superior Court, and the Appellate Courts of North Carolina.

Contested Guardianship – Partner with Experienced Lawyers in Raleigh, NC

At Brady Cobin Law Group, we can help you dispute a guardianship petition in Raleigh, NC. Call us today at (919) 782-3500 to schedule a consultation.

Testimonial

We had an a wonderful experience with Andrew and Elizabeth! We had wills from out of state that needed to be updated in order to be compliant with NC law. We chose Brady Cobin Law firm due to Andrew’s affiliation with the military.

Compared to our experience in NJ, Andrew provide a lot more explanation to all of the documents, answered all questions, and truly understand our ultimate goal.

I was highly impressed with all of the documents that were created in addition to supplemental documents that would help with estate planning. If completed, it would really help the heirs/executors in the decision making.

Finally, while we were finalizing some of the work related to estate planning, Andrew was very responsive when I had additional questions.

I highly recommend Brady Cobin!!! You can’t go wrong!

Review by: Eric M.
Reviewing: Estate Planning Legal Services
Date published: 10/31/2020
Rating: ★★★★★5 / 5 stars

Contact us

Our North Carolina estate planing and elder law attorneys are committed to honoring the life, work and charity of every individual. Call us at (919) 782-3500 or complete the form below.

New Main Contact Form