Nomination of Guardianship Lawyer Helping Clients with Guardianships in Asheville, NC and Surrounding Areas

One of the biggest worries that people have when they are responsible for others is who will take care of those dependents if something terrible happens. Whether your dependent is a minor child or an elderly or disabled relative, you need to have the peace of mind of knowing that if anything should happen to you, they would continue to be cared for and protected in your absence.

Nominating a guardian for a loved one can be nerve-wracking and stressful. You want to be sure that the person you choose has the right qualities to take good care of your dependent(s), and also that your dependent(s) will accept them as guardian and caregiver in your place.

Contact Craig Associates, PC at 828-258-2888for guidance on how to best ensure that naming a guardian is the right choice to protect your dependent(s) and that you choose the right person for the job.

What Documents Should I Have In Place To Ensure That My Kids Don’t Go Into State Custody If I Don’t Make It Home?

In order to ensure against the state taking custody over your minor child, the legislature has created statutory rules that allow for you to name both temporary and permanent guardians for your kids. We at Craig Associates, PC regularly create a collection custom-crafted documents that we call a Kid’s Protection Planning package. While not all states have a set of laws that supports this kind of tool, North Carolina law offers a strong means of making sure that your kids’ care stays in control of the people of your choosing.

Should I Choose a Family Member as the Guardian for My Dependents?

While it can be very stressful to think about someone else taking care of your minor child or disabled relative in your absence, naming a guardian to take over for you in case you should become unable to care for your dependent(s) is the right thing to do to ensure that they are cared for and protected no matter what happens. The last thing you want is for your child to end up in the custody of the Department of Social Services (DSS) or subject to the custody of the courts, who will then have to decide who will care for your children or other dependents. There can be outside pressure to choose certain people as guardians, but it is your responsibility to choose the best person for the job, regardless of who might dislike your choice. A family member can be a good choice if they are likely to fulfill the duties well, but family members are not your only choices.

What Qualities Should I Look for in Nominating a Guardian?

Good qualities to look for when choosing a guardian are the obvious ones like responsibility, kindness, and good decision making, but there are also less-obvious qualities to consider. One thing to think about is the age of the prospective guardian. Are they likely to outlive you and still be young enough to care for your dependent if something happens to you? Will they be able to keep up with the demands of small children, if you have them, or the physical requirements of caring for a disabled person? The location of the guardian’s home is also important. If at all possible it is good to choose someone who lives close, so that the dependent will not have to be uprooted if the guardian has to take over their care. Finally, choose a guardian who is known and liked by the dependent(s) if possible, and be sure that they are willing to take on the task if they are needed.

Is Power of Attorney the Same as Guardianship?

When we are discussing minor children or other dependents who cannot currently make decisions for themselves, nominating a guardian will ensure that someone will take on their care should you become unable to care for them yourself. This nomination will likely be made in a will or a trust, and will be enacted by the courts upon your death or incapacity.

Planning for your own care, however, is a slightly different matter. As a competent adult, you should have in place a Power of Attorney, which names an agent who is responsible for all important decision-making should you become incapacitated and unable to speak or make decisions for yourself. In cases where a Power of Attorney is in place, there is no need to nominate a guardian for your care. The Power of Attorney will take care of that. A Power of Attorney is a key element of any good estate plan, and every currently competent adult should have one to preclude the need for a guardianship in the event of incapacity.

Why Do I Need an Attorney to Nominate a Guardian?

Guardianships are instituted and regulated by the courts, and to be sure that your nomination is successful, you need the skill and knowledge of an experienced estate planning lawyer to help. Estate law is complicated, and the paperwork is extensive. Call Craig Associates today to let us help you make sure that your loved ones will be protected and cared for according to your wishes, should anything happen to you. Call our Asheville office at828-258-2888.