When a person is left unable to make important decisions in their life due to an illness or injury, the court has the power to step in and appoint a guardian for them. A guardian can act on behalf of that individual by making critical life decisions. A well-practiced attorney can assist in the guardianship process.
Certain interested parties have the right to object to guardianship, but objections are never guaranteed. It is possible to obtain an uncontested guardianship when all parties agree on its terms. A Forsyth County uncontested guardianship lawyer can help your family ensure that your loved one’s needs are adequately met.
State law draws clear distinctions between the terms “guardian” and “conservator.” Despite their similarities, there are important differences to consider. While they both describe a legal status that empowers a third party to make important decisions on a ward’s behalf, the specifics of these decisions can vary greatly.
Conservators are empowered to make financial decisions on behalf of a person who cannot do so on their own. This could include determining how to distribute earnings or handle investments. Guardians have powers related to important personal decisions, such as those regarding the ward’s health and wellbeing.
The law does not recognize the difference between contested and uncontested guardianship. Instead, the terms are used informally to reflect whether or not the interested parties (i.e., the proposed ward and their family) have any objection to the process.
Any guardianship case could have an array of interested parties, and it is possible that each of them feels differently about how things should play out. When all of the interested parties agree that guardianship is the best option, the process is considered uncontested.
If one of the interested parties in the case raises an objection, it could result in costly and time-consuming guardianship litigation. For instance, conflicts often arise when a family member or the proposed ward believes living independently is still an option. Families who are able to resolve these conflicts and reach an amicable agreement can rely on a Forsyth County attorney to file for an uncontested guardianship on their and their loved one’s behalf.
The procedural requirements associated with serving as a guardian apply regardless of whether the process is contested or not. While there are not many requirements that must be met, failure to do so will prevent the proposed ward from serving as a guardian.
Guardians cannot be minors or wards of other guardians or conservators, according to state law. Additionally, a person with a conflict of interest with the proposed ward cannot serve as their guardian. A local attorney can provide more insight on who qualifies to serve as a guardian.
Every guardianship case has its challenges, and uncontested cases are no exception. Between meeting legal requirements and filing deadlines, the support and representation of an attorney could be vital.
If you are considering guardianship for a loved one, you could benefit from speaking with legal counsel right away. Contact a Forsyth County uncontested guardianship lawyer for more information about your rights and options.