The basics of the guardianships and incompetency process

The basics of the guardianships and incompetency process

On Behalf of | Sep 30, 2020 | Incompetency & Guardianship |

Certain events in life, such as an illness or a car crash, can dramatically alter a person’s life forever, possibly one where they are simply not capable of taking care of themselves. In this case, you, as the spouse or child of that person, would want to ensure that their needs are met. This will, often, lead to needing to become their legal guardian. However, there are certain times where the family won’t come to a quick agreement of who the guardian should be. Read on to learn a few other things regarding guardianships and incompetency in North Carolina.

The first step

According to the North Carolina special procedure for this guardianship and incompetency (Chapter 35A), the first step will involve the testing of the person being deemed incompetent. The county clerk will hold jurisdiction therein to ensure that all the facts are collected and that the person is properly tested for competency.

The case begins

After all the facts have been collected, the county clerk will set forth a date that is no less than 10 days or more than 30 days of the notice regarding the hearing. During the course of this process, you may be challenged by other family members or even their spouse. If you believe you’re the right person to take guardianship of their life, bringing in a legal team to aid you is in your best interest. Once this is done, the clerk will present a copy of the notice to the guardian and any other party involved in the proceeding. This is all done within the scope of the rules of civil procedure.

Alternative situations

If the person, aka the ward, has been found with reasonable evidence that they are competent, they can continue to manage their affairs. In addition, the county clerk will provide the appropriate documents to help the ward prove their competence. The process of guardianship and incompetency can be complex and is better tackled with a personal attorney by your side.