The Challenges Loved Ones Face When Considering Guardianships

Establishing a guardianship is a legally complex and emotionally charged decision that can tear apart the strongest of family units.

A guardianship in North Carolina allows a person to have legal decision-making rights for a loved one deemed incompetent or unable to make decisions for themselves. Such determinations allowing for the guardianship do not come out of thin air, as medical records, physician affidavits, and multi-disciplinary evaluations (MDE) help tell the story.

Upon a ruling of incompetence, selecting someone to make decisions for that loved one is the next step. While families often reach an agreement on who will fill that role, disputes also can arise regarding who is fit to be the official guardian. Various paths facilitating the process, such as mediation and alternative dispute resolution, can keep a highly personal matter out of the courtroom. At Murrelle, Hughes & Majstoravich, P.A., we take on all aspects of the guardianship process as part of our estate planning services.

Exploring Options That Will Fit Your Situation

Guardianships cover a wide spectrum of circumstances. They include:

• Adults – Elderly loved ones suffering from Alzheimer’s or dementia are often targeted by those seeking financial gain or exploited due to diminished capacity. Even more tragic are situations where a family member is preying on them.
• Children – Parents with special needs children nearing 18 should consider guardianships. Young people living with disabilities, autism, and traumatic brain injuries can live independently but still need a certain level of support and legal protections.

In addition, our Morehead City lawyers can also advise parents of minor children requiring guardianship after a monetary award is designated for the child, such as life insurance retirement accounts and legal settlements. Alternatively, limited guardianships can maintain some rights lost with a normal guardianship for an adult who only needs support to manage finances, allowing them to be protected while maintaining a semblance of independence and autonomy.

Taking On The Burden Of Your Case

The world is complex. That’s where our down-to-earth attorneys come in to help. We take on the heavy lifting of complex cases because we want our clients to focus on more important things, specifically their lives.

During difficult times, you need an attorney to help you provide the protection your loved one needs when they cannot make decisions or manage their lives without assistance. From the initial adjudication of incompetence to appointing a guardian, we remain at your side during this challenging time.

Contact Murrelle, Hughes & Majstoravich, P.A., by calling our law office at 252-515-7036 or using the online form.