- Representation for Guardianship Proceedings
- Ongoing Assistance through Term of Guardianship
- Court Appointed Guardian of the Estate
- Guardianship Across State Lines
Our guardianship team is highly skilled and experienced with the guardianship system. We are trusted by Wake County as a court-appointed Guardian of the Estate in cases where a person does not have someone close to them who is qualified or willing to make their financial decisions. We can aid in the petition for appointment of guardians as well as assist in the ongoing responsibilities of a guardian. We can help prepare for and appear at court hearings and prepare and file the annual accountings for the court. Our combination of experience and compassion make our firm a confident choice for guardianships.
More About Guardianships
In cases where an individual has been declared incompetent a guardian is appointed by the court to ensure that an individual’s financial and personal interests are being maintained. The Guardian of the Person preforms duties related to the care of the ward, while the Guardian of the Estate manages the property, estate, and business affairs of the ward. A General Guardian is a guardian of both the person and the estate. Guardians are often appointed from friends or family members of the ward. In cases where no friends or family members are willing or qualified, a guardian is appointed from a pool of public guardians.
As one such court appointed guardian, Linda Johnson and her team take over the financial duties of the estate. These duties include but are not limited to the collection of assets and income, payment of bills and expenses, maintaining a monitored spending allowance, filing Medicaid and VA benefit applications, ensuring the ward has adequate health insurance coverage, and addressing any other financial situations that may arise.
Additionally, Linda and her team provide representation through special proceeding actions for the appointment of guardians and offer ongoing assistance throughout the term of the guardianship, including filing the inventory, annual and final accountings. For more information about guardianships and the responsibilities of one, please read the Guardianship page as published by the North Carolina Office of the Courts, linked on our resources page.
Guardianships are a last resort and are often only necessary in cases where an individual has not named agents to make decisions on their behalf. These agents would be named in the Durable Power of Attorney and the Healthcare Power of Attorney, which are often prepared alongside a Last Will and Testament. If agents have been named, then they can make financial and health decisions for the individual, and the expense and court oversight of a Guardianship can be avoided. Read more about this option in our Estate Planning and Administration section.