Often it becomes necessary for the Court to appoint a person or agency to make health care, personal and/or financial decisions on behalf of another person who incapable of making such decisions on his or her own behalf due to age, incapacity, injury or disability. Frequently, guardianship becomes necessary when the individual lacks sufficient capacity to manage his or her own affairs or to make or communicate important decisions concerning his or her well being.
Guardians are appointed and supervised by the Clerk of Superior Court. Appointment of a guardian occurs after the court, following a hearing, determines that the person lacks capacity to manage his or her own affairs or to make or communicate important decisions concerning his or her person, family or property. The Court proceedings and the reporting requirements can be complicated and typically require the assistance of an experienced attorney. Such proceedings are usually considered a last resort and can be avoided in most cases where, more flexible alternatives such as a durable power of attorney are not available