1. What is Guardianship?
2. Is the Department of Social Services the preferred guardian?
3. Who needs a guardian? Who is an incompetent adult?
4. What are the alternatives to Guardianship?
5. What are a guardian's financial obligations?
6. When does guardianship end?

Answers:

1. What Is Guardianship?

   Guardianship is a legally prescribed relationship between persons who are adjudicated incompetent and a person who is charged with the duty of making decisions for and advocating for the person who is adjudicated incompetent.
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2. Is The Department of Social Services The Preferred Guardian?

   In North Carolina, the preferred legal priority for appointment of a guardian is as follows; 1. An individual (family member, friend or other person); 2. A corporation (an organization which by virtue of its charter can be appointed to serve as guardian of the person); and 3. A disinterested public agent (a director or assistant director of a human service agency such as DSS). Note that DSS is the last choice for appointment as a guardian.
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3. Who Needs A Guardian?  Who Is An Incompetent Adult?

   An adult who has been declared incompetent by the courts may need a guardian. An incompetent adult is an adult (18 years old or older) or an emancipated minor who lacks sufficient capacity to manage his/her own affairs or to make or communicate important decisions concerning his/her person or property.
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4. What are the alternatives to Guardianship?

   Careful consideration should be given as to whether the person's need for assistance can be met through other, less restrictive means.  In some cases, the person's needs may be met by family, friends, a representative payee, an attorney-in-fact, or a health care agent acting under a durable power of attorney. In case of emergencies or temporary incompetency/disability, an APS order may be appropriate.
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5. What Are A Guardian's Financial Obligations?

   There are three types of guardian: Guardian of the Person (one whose sole purpose is that of performing duties relating to the care, comfort and maintenance of a ward); Guardian of the Estate (one appointed solely for the purpose of managing the property, estate and business affairs of a ward); and General Guardian (a guardian of both the estate and the person).  The Department of Social Services cannot serve as Guardian of the Estate.

   A guardian is not required to support the ward financially or to contribute his own resources to the ward, and is not liable for the ward's debts.  Guardians act in a decision-makeing capacity.  They do not have to provide personal care or shelter for their ward(s).
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6. When Does Guardianship End?

   - When the ward dies

   - When the clerk of superior court removes the guardian   from the position

   - When the ward's competence is restored

   - When the guardian resigns