Legal Question in Personal Injury in North Carolina

Guardianship for disable father

My father recently had accident and is on life support due to traumatic brain injury and Doctor advises that I as next of kin establish guardianship of him and his affairs as he is not able to handle at this time. How do I do this?

Asked on 12/19/03, 9:04 pm

1 Answer from Attorneys

MIchael Lewis Lewis & Daggett, Attorneys at Law

Re: Guardianship for disable father

Sadly, guardianships are an expensive and timely process. I am very sorry to hear about your father; unfortunately, a power of attorney could have avoided this difficult procedure, so if you don't have one yourself, I would recommend that you get one as soon as you can.

To get a guardian appointed, you must file a special proceeding with the clerk of superior court and have a jury trial for a determination that your father is not capable of looking out for himself. While this may seem cumbersome, it is done for the protection of individuals who may otherwise be vulnerable to having someone take over their assets for their own purposes. You can check with the clerk of court or contact an attorney who is familiar with the process.

Best of luck to you and your family.

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Answered on 12/22/03, 11:24 am

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