When an adult can no longer make appropriate medical or financial decisions for themselves, and there are no adequate estate planning documents in place, it may become necessary to commence a court action to obtain the required legal authority to act on their behalf.    In North Carolina, this is called an Adult Guardianship Proceeding.   The type of guardianship ordered by the Court will depend on the circumstances of the case but will likely fall into one of the following:

  • Guardian of the Estate – Appropriate when the Court determines a person can no longer handle their financial decisions.
  • Guardian of the Person – Appropriate when the Court determines a person can no longer handle their medical and living decisions.
  • General Guardian – Appropriate when there is the need for both a Guardian of the Person and Guardian of the Estate.

The Guardianship process is never easy due to the complex legal issues and emotional turmoil involved.   It is a difficult time for both the person seeking guardianship and the person that is no longer able to care for themselves properly.   At Linville Law, we have the experience and knowledge to guide clients through these hard decisions and help implement the best plan for all involved.    We provide full counsel and representation through all stages of the Guardianship Administration, including qualification of a guardian before the probate court and preparation of the required inventory and accounting for the guardianship estate, and advising guardians concerning distributions on behalf of the ward.

Cindy Lynn, a social worker and geriatric care manager with years of experience in the healthcare industry, is involved in every adult guardianship case we handle.   Our clients find her expertise, knowledge, and counsel in the areas of family conflict and mental health issues an essential part of our representation in guardianship matters.     In this team approach, our goal is to achieve the legal outcome desired for our client while also reducing, as much as possible, the stress and anxiety felt by the entire family.

Guardianship Proceedings are never easy and can usually be avoided with proper advance planning.   However, they often become necessary to protect loved one.   Whether you are in a crisis situation that requires the immediate appointment of a guardian or merely want to learn more about guardianship administrations and if they are the appropriate solution in your situation, we are here to help.    Linville Law provides representation for clients in Guardianship Administration Proceedings in Mecklenburg, Gaston, Union, Cabarrus, and Iredell counties.

Your journey with the Linville Law Team begins with our initial consultation process, where we work together to create a plan designed to meet your objectives.   If you would like our help with an Adult Guardianship matter or need more information, please call us at 704-323-6712 or Request A Consultation.   Be sure to look through our Client Testimonials to see how we have helped others.

If you feel someone is an immediate threat to themselves or another person, immediately contact 911.   Other resources include contacting Adult Protective Services for your county or going directly to the emergency room of hospital closest to you.