Legal Question in Wills and Trusts in North Carolina

Does a guardian in Indiana have the right to delegate tasks such as bill paying and record keeping.

I have a family member who wants to help paying bills and another member who is willing to help with health

but I want to retain the guardianship so I can insure protection. How can this be done?

I


Asked on 8/01/13, 1:49 pm

1 Answer from Attorneys

Where is the ward located? In NC? A guardian of the property for the ward can live anywhere, but a guardian of the person should be near where the ward lives. A guardian of the person helps with healthcare and personal care decisions - a guardian of property manages the money or land.

Are you a guardian of the person or property or both? Is there a guardianship already in place? If so, guardians can be substituted.

It sounds like you want your cake and to be able to eat it too though. If you want to retain control, then you will have to be the guardian. If you only want control of the property, then someone else should be guardian of the person, preferably someone who lives close to the ward. However, you cannot resign as guardian and still have control. What exactly are you trying to protect?

The NC guardianship provisions are set forth in Chapter 35A of the NC General Statutes; here is the link:

http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl?Chapter=0035A

Guardians can resign and substitute guardians can be appointed by the clerk.

I suggest that you talk with everyone involved before you do anything.

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Answered on 8/02/13, 12:19 am


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