Guardianships

The attorneys at Kratt Dedmond & Associates, PLLC, focus on meeting the needs of elderly, minor and incapacitated persons by establishing guardianship over their affairs. Our objective is to assist family members in the process of transitioning the decision-making of legal, financial and health care needs from those who are unable to care for themselves. We also assist persons who have been determined to be incapacitated to assert or regain their rights.

Our law firm represents clients in the process of selecting and appointing a guardian. We handle all aspects of guardianship petitioning, including record gathering and court filing. We also represent family members who wish to contest the appointment of a certain person to act as a guardian or contest the guardianship entirely. We have the ability to effectively represent clients from the initial discussions through litigation, if necessary.

Drawing on Our Range of Experience

Our experience includes all aspects of elder law and estate planning and administration. We have worked with clients and families in a wide range of circumstances, and so are able to understand the family dynamics that can drive concerns, and sometimes conflicts. We have specific experience related to special needs circumstances. Attorney Bill Kratt devotes a large part of his practice to the service of the legal needs of the elderly, people with special needs or disabilities, and their families. We draw on this experience to bring a comprehensive approach to guardianship cases.

Becoming a Guardian

If you are seeking to be appointed as guardian, it is important to understand your rights and obligations in this role. You will be in charge of making decisions and handling important affairs on your loved one’s behalf. Failure to make appropriate decisions can result in accusations of breach of fiduciary duty. We help make sure you are prepared to fulfill your duties. For example, there may be requirements for a bond and annual accountings to the court.

Contact a Estate Administration and Guardianship Attorney

Contact the law offices of Kratt Dedmond & Associates, PLLC, to schedule a consultation with one of our lawyers. We work with clients in numerous communities and counties outside of the Raleigh area.

Topics

Advice on the pros and cons of legal guardianship
Counsel on the rights of a disabled loved one, and on the of someone named as gaurdian
Challenge to a finding of incompentence
Assistance with accountings to the Clerk of Court
Establishing guardianship as disable children reach legal majority
Using guardianship to address estate and trust issues for minors

Guardianships FAQs

Does a Power of Attorney prevent the need for a Guardian?

A Power of Attorney for financial matters often avoids the need for a Guardian of the Estate. Situations can arise that are not covered by the authority granted in the Power of Attorney. If the person named as the agent under the Power of Attorney can no longer act, the Power of Attorney will terminate if there is no named back-up.

How do I name a guardian for my minor children?

Your Will is the only place to name a guardian for your minor children after your death. If the biological parent of a child survives you, that person will be the first choice of guardian under the law of North Carolina.

Why does my minor child need a guardian?

If a child under age 18 owns real estate or investment property, the appointment of a guardian may be needed. A Guardian of the Estate will usually be required by the Court if a minor child or disabled individual will receive an inheritance or legal settlement.

What are the different types of Guardians in North Carolina?

A Guardian of the Person is responsible for decisions relating to an incompetent's residence, medical care, education and religious associations, and other day-to-day concerns. The Guardian of the person must insure that the Ward is properly fed, clothed and cared for.
A Guardian of the Estate is responsible for decisions relating to an incompetent's assets and financial matters. These include paying bills and taxes, making investment decisions and generally protecting the assets of the Ward.
If one person is serving as both the Guardian of the Person and Guardian of the Estate, she is referred to as a General Guardian.

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Guardianships

Topics

Guardianships FAQs