How do guardianship of the person and guardianship of the estate differ in probate matters?
1. Detailed Answer
In North Carolina probate law, the court may appoint separate guardians to care for an individual’s personal needs and to manage that person’s assets. Understanding the difference helps families protect vulnerable adults and preserve their assets.
Guardianship of the Person
A guardian of the person makes decisions about an incapacitated adult’s day-to-day life. This role covers:
- Health care choices: Consent to medical treatment, selecting health-care providers, and reviewing care plans.
- Living arrangements: Determining whether the person lives at home, in a group setting, or a long-term care facility.
- Personal care: Overseeing nutrition, clothing, hygiene, and social activities to promote safety and well-being.
To appoint a guardian of the person, a petitioner files a guardianship petition under North Carolina General Statutes § 35A-1202 et seq. (Article 2: Guardianship of the Person). The court will evaluate evidence of incapacity and hear from the proposed ward before deciding.
Guardianship of the Estate
A guardian of the estate manages the financial affairs of someone who cannot handle money. Key duties include:
- Asset management: Safeguarding bank accounts, investments, real estate, and other property.
- Bill payment: Ensuring timely payment of mortgages, utilities, taxes, and medical expenses.
- Account reporting: Filing annual accountings with the court to show receipts, disbursements, and the ward’s financial status.
Petitioners seeking appointment under North Carolina General Statutes § 35A-1207 et seq. (Article 3: Guardianship of the Estate) must demonstrate that the proposed ward cannot manage funds and that a guardian is necessary to prevent loss or misuse of assets.
Combining Guardianships
The court may appoint one person to serve both roles when an individual needs help with personal and financial matters. Separate appointments remain an option when one person handles health decisions while another manages the estate.
2. Key Points to Understand
- Scope of authority: Person guardians decide on health and living conditions; estate guardians handle finances.
- Legal standard: Both petitions require proof of incapacity under N.C. Gen. Stat. § 35A-1201 (Definitions & standards).
- Court supervision: Guardians report regularly to the clerk of superior court to maintain accountability.
- Petition process: Notice to the proposed ward and interested parties ensures fair hearings.
- Termination: Guardianships end when the ward regains capacity, passes away, or on court order.
Take Action to Protect Your Loved One
Guardianship can safeguard an adult who cannot care for personal needs or manage assets. At Pierce Law Group, our attorneys guide you through every step of the process under North Carolina law. Contact us today to discuss your situation and plan for your loved one’s future.
