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Guardianship

Alternatives to Guardianship discusses the options that may achieve some of the same goals of guardianship while allowing a person to retain his or her legal competency.

Protecting Individual Rights: Limited Guardianship and Alternatives to Guardianship is a tri-fold brochure published by Disability Rights NC.

Duties of a Guardian explains the guardian’s role as well as the basic duties of a general guardian, guardian of the person, and guardian of the estate.  This document also addresses the duties of a “disinterested public agent” as guardian and the prohibited actions of any guardian.

Guardianship Removal Self-Advocacy Packet explains when a guardian may and, on occasion must, be removed.  This packet also includes a blank sample petition for removal of a guardian as well as step-by-step instructions for using this sample petition.  A sample petition that has been completed with a possible scenario is also included. 

Restoration to Competency Self-Advocacy Packet is several pieces of information that explain when a person may be restored to competency and how a person may self-advocate to do so.  This packet includes general information about and instructions for restoration, a model restoration motion, a model restoration petition, and a sample restoration petition filled out based on a possible scenario.


NC Administrative Office of the Courts

The NC Administrative Office of the Courts (AOC) is the overarching state agency for the Judicial Branch and has many of the forms used in guardianship proceedings on its website (www.nccourts.org/Forms/FormSearch.asp).  If the search function for forms does not identify the forms you are seeking, the Complete Index to Judicial Forms may be user friendly to find the form number.   The following are commonly sought forms regarding guardianship:

North Carolina Court System Office of Indigent Services

The Office of Indigent Services’ NC Guardianship Manual is intended as a resource for attorneys appointed in guardianship proceedings.  The manual does not address all aspects of North Carolina’s guardianship law, but does give detailed information about guardianship proceedings.   www.ncids.org/other%20manuals/Guardianship%20Manual/Text.htm

NC Secretary of State

The NC Secretary of State maintains an Advance Health Care Directive Registry (www.sosnc.gov/ahcdr/) and has information about such directives as well as forms. 

NC Division of Aging and Adult Services

The NC Division of Aging and Adult Services has information on its Advance Care Planning and Advance Directives page (www.ncdhhs.gov/aging/direct.htm) about alternatives to guardianship such as advance directives and power of attorney, including a link to the statutory form for power of attorney.

NC General Statutes

The laws of the State of North Carolina, called the General Statutes, include some statutory forms for some of the alternatives to guardianship.  These forms can be found in Chapter 32A of the General Statutes, which is available at www.ncleg.net/gascripts/statutes/statutelookup.pl?statute=32A.  Although these are forms, to ensure the document does what an individual intends and is executed properly, that individual should consult with an attorney.


Other Related Websites

NC Guardianship Association

(www.nc-guardian.org)

The NC  Guardianship Association (NCGA) trains and supports individuals who are court- appointed guardians.  NCGA works to support guardians and ensure guardianship is carried out in such a way as to support self-determination, rights and dignity of those individuals with guardians.  The NCGA website has some resources about guardianship, including answers to some frequently asked questions about guardianship.  NCGA also offers a certification program for guardians.

LIFEguardianship—The Arc of NC

(www.arcnc.org/guardianship)

The Arc of NC is sometimes appointed the guardian for individuals with disabilities when there is no family member or other individual able or willing to do so.  LIFEGuardianship is the program that handles this responsibility.  LIFEguardianship advocates for least restrictive/intrusive  person-centered supports and services and for a person to participate as fully as possible in all decisions that affect him/her.

Guardianship and Alternatives to Guardianship—Piedmont Down Syndrome Support Network

(https://pdssn.org/resources-2/guardianship-and-alternatives-to-guardianship/)

This page includes a presentation given by Corye Dunn, Director of Public Policy at Disability Rights North Carolina, about Guardianship and Alternatives to Guardianship. (April 1, 2016)

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