48A-11 shall provide a certified copy of the minor's birth certificate indicating the minor's minority to the other party or parties to the contract and in addition, in the case of a guardian, a certified copy of the court document appointing the person as the minor's legal guardian. Also, because a guardianship of minor children creates a legal right, you will have some say in the child's future as a guardian… While a child is in foster care, the state usually has custody, even during the reunification process. Guardianship Procedure. If the minor needs the care and supervision of an adult, which is not presently available. A minor generally needs a CONSERVATOR: 1. GS 35A-1221 allows “any person” to file an application with the clerk of superior court requesting the appointment of a guardian of the person or a general guardian for any minor who does not have a natural guardian. A guardianship is established by the court when someone petitions to take over the care of a child or an adult without the mental capacity to care for him or herself. Remember, in our previous blog post, we discussed guardianship of a child. a minor, who enters into a contract of a type described in G.S. In North Carolina, guardianship is always assigned based on the ward’s best interests. When a minor child's parents are unable to care for them, a legal guardianship is necessary. To begin, North Carolina General Statutes state that if a minor child’s parent or parents have made a last will and testament that includes a declaration of guardian for minor children clause, the court shall give substantial weight to the parents’ recommendation since parents are presumed to know the best interest of their children. They do this to … Guardianship of a Child | Attorney in Raleigh NC. A legal guardian has the same responsibilities and authority to make decisions for the child as a parent. Below, we will talk a little about child custody. A minor generally needs a GUARDIAN: 1. According to North Carolina law, guardianship is appropriate when an adult, an emancipated minor, or a minor who is at least 17 1/2 years of age, who other than by reason of minority, lacks sufficient capacity to manage his affairs or to make or communicate important decisions concerning himself, Without guardianship, you will have difficulty getting medical care for the child, enrolling him or her in school, as well as a host of other problems. Reporting Requirements for a North Carolina Guardianship. This paves the way for a more permanent solution for the child, such as adoption or guardianship, either by the foster parent or another family wishing to take in a child in need. Chapter 35A Guardianship. If the minor owns money or property or receives annual income in excess of $10,000 that requires management or protection, which cannot be otherwise provided; 2. NC Department of Health and Human Services 2001 Mail Service Center Raleigh, NC 27699-2000 Customer Service Center: 1-800-662-7030 For COVID-19 questions call 1-888-675-4567 Cases about the guardianship of a minor can now be heard in either Probate or District Court. Courts use a Jurisdictional Affidavit to find out about all of the cases involving a child, and to figure out which court has the power to make a decision about guardianship. The guardian must comply with North Carolina law, consistently acting within the best interests of the ward and … Guardianship of minor children and incapacitated adults is a court ordered legal relationship whereby a guardian has the responsibility to care for the physical and/or financial well-being of the ward. guardian’s home is suitable for the child and that the placement will serve the child’s best interests, it will appoint the person as the child’s guardian.