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To obtain guardianship, you must apply to the Clerk of Superior Court in the county where the child lives. The application form, provided by the clerks office, requires a preliminary inventory of the wards assets and liabilities.
A power of attorney is a powerful tool that can be used to arrange temporary guardianship without going to court. This arrangement allows parents to designate a guardian who can make decisions on behalf of their child by signing a negotiated agreement.
In order to appoint a guardian for an adult respondent, the court (or jury) must find, after hearing and by clear, cogent, and convincing evidence, that the respondent lacks sufficient capacity to manage his or her own affairs or to make or communicate important decisions concerning his or her person, family, or
Guardianships that are uncontested typically cost a minimum of $7500.00, while more complicated contested Guardianships can cost significantly more. Fees and costs may often be paid out of the wards assets and income.
Responsibilities of the Guardian Include: Making decisions about where the individual will live. Authorizing medical treatment, managing the individuals finances. Filing status reports and accountings with the court.
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There is a $120 filing fee, as well as a $30 fee for the sheriff to serve the respondent with the petition. The clerk of superior court determines who is responsible for payment of fees and costs. The filing fee and sheriffs service of process fee may be required at the time of filing.
The Cons to Guardianship: Loss of Freedoms: Your loved one loses the ability to make decisions for themself. Stigma of Incapability: Potential societal devaluation of your loved one. Non-Transferable: Risks if the guardian passes away. Difficult to Overturn: Once done, its a challenge to reverse.

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