![]() ![]() Once completed, the guardianship petition must be “served” on the respondent. ![]() The petitioner’s verification, under oath, of the truth and accuracy of the information contained in the guardianship petition.The specific person or agency named as the proposed guardian.Information about the respondents’ assets, property, liabilities, and finances, including income.Names and contact information of relatives and others who have an interest in the guardianship proceeding.Information regarding the respondent’s inability to handle his or her day-to-day responsibilities.Information about any pending court or agency proceedings involving the respondent, in any state or territory of the United States.Information about where the respondent has lived for the twelve months immediately before filing the guardianship petition with the court, which could include time in treatment facilities.The name and address of the facility where the respondent is living.The petitioner’s attorney’s contact information (The petitioner is not required to hire an attorney.).The petitioner’s name, address, county of residence, and telephone number.Basic identifying information regarding the respondent, including the respondent’s name, telephone number, address, county of residence, birth date, gender, race, and driver’s license number, if any. ![]() In addition, the guardianship petition will include the following information, at a minimum: Similarly, the petitioner must prove that the respondent lacks the ability to make or communicate important decisions about his or herself, family, or property. In other words, the petitioner must include facts showing that the respondent does not have the mental capacity to manage his or her property, responsibilities, finances, or personal affairs, including an inability to care for him or herself. The purpose of the guardianship petition is to present evidence that the respondent is incompetent. What information is included in a guardianship petition? The person filing the guardianship petition is called the “petitioner.” The person for whom the guardianship is sought is referred to as the “respondent.” Who can file a petition for guardianship?Īny person or human services agency (state or local) can file a guardianship petition. The legal term used to describe this lack of mental capacity and decision-making capability is known as incompetency. The court will appoint a guardian if it finds by a legal standard called clear, cogent, and convincing evidence that the person does not have sufficient mental capacity to manage his or her property or personal affairs, or cannot make or communicate important decisions about his or her personal care, family, or property. The petition must be filed with the clerk of the court in the special proceedings’ division in the county where the ward is physically present, lives, or where his or her inpatient facility (if applicable) is located. In North Carolina, the court that handles guardianship petitions is the superior court. However, if you are seeking guardianship for your loved one, the wisest choice is to engage an attorney to help you prepare your petition. Here, we will provide a brief overview of guardianship petition filings. Through this process, you will ask the court to appoint a person or an agency (for example, a local department of social services) to handle the personal affairs or the property of the “ward,” which is the person for whom the guardian is sought. Specifically, you will file a guardianship petition, a document that presents evidence that your loved one needs additional support in managing his or her care or affairs. When faced with the need to appoint a guardian for your loved one, you will need to submit documents to the court.
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