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Typically, a parent or parents have natural guardianship over their biological children who are under 18 years of age. And, usually, once that child turns 18, that natural guardianship is done, and he or she can make legal decisions on their own behalf.
Guardianship requires going to court and only a judge can appoint a guardian. A person may need a guardian if they are unable to make decisions, manage their affairs, and are at risk of harm because of serious illness, disability, dementia, or other conditions that impacts their ability to think and act clearly.
In order to become a guardian, you must complete an application with the Clerk of the North Carolina Superior Court in the county of the childs residence. There are also court costs and fees to be paid.
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.
Temporary guardianship can be established without court involvement through written agreements or power of attorney, allowing for quick arrangements in emergencies. Obtaining clear parental consent and notarizing agreements are essential steps to ensure the legal validity of temporary guardianship arrangements.
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Guardianship can only be established by a court order, so to obtain guardianship over a child or adult, you need to file a petition, even if the parent of a child has already consented to grant guardianship. This process is usually carried out in probate court in the county where the prospective ward resides.
The child will lose the right to handle his or her own finances, make healthcare decisions, choose residency, or make any other decision that the court has given the guardian power to decide.

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