Asheville Guardianship Attorney 

Assisting Clients With Guardianship Matters in North Carolina

When a loved one can no longer safely manage personal, medical, or financial decisions, you may start wondering if guardianship is the right step. These are not simple questions. Guardianship affects your family member’s safety and independence, and it often involves emotional conversations with relatives who do not all agree.

If you are worried about an older adult, a vulnerable adult, or an adult child with special needs in Asheville, Collins Family & Elder Law Group is here to help you understand your options. Our attorneys focus on both family law and elder law, and our team has more than 200 years of collective experience guiding families through complex and emotional legal matters.

Call us today at (828) 457-7808 or contact us online to schedule a consultation with our guardianship lawyer in Asheville.

Why Choose Us?

Families come to us during some of the hardest moments in their lives. A parent’s memory is slipping. A relative is being financially exploited. A sibling disagrees about how much help a loved one really needs. In these situations, you need a legal team that can listen carefully, explain your options clearly, and stand up for your loved one’s best interests in court when necessary.

At Collins Family & Elder Law Group, we work to provide that balance. Our attorneys are known for a patient and understanding approach with clients, paired with assertive advocacy if a guardianship case becomes contested. 

Our team includes attorneys with widely respected credentials. Candace S. Faircloth is a North Carolina Board Certified Family Law Specialist, which reflects significant training and evaluation in family law matters that often overlap with guardianship. Several of our lawyers, including Isla Tabrizi and Candace Faircloth, have been recognized repeatedly by Rising Stars, Legal Elite, and Super Lawyers. Shawna Collins has been peer reviewed by Martindale Hubbell, and other attorneys on our team have received honors such as Elite Lawyers and local Best Family Law Attorney awards.

These recognitions come from fellow attorneys and independent organizations. They help demonstrate our ongoing commitment to high-quality legal work and to supporting families throughout North and South Carolina. 

What is Guardianship?

In North Carolina, adult guardianship is a court process where a judge decides whether an adult lacks sufficient capacity to manage personal, medical, or financial affairs. If the judge finds that the person is incompetent under state law, the court may appoint a guardian to make some or all decisions for that person.

Guardianship is often considered for adults living with advanced dementia, serious brain injuries, intellectual or developmental disabilities, or severe mental health conditions. Families may seek help when they see repeated financial mistakes, missed medications, unsafe living conditions, or vulnerability to scams. Sometimes, a hospital, care facility, or social worker raises the concern that formal protection may be needed.

North Carolina law allows for different kinds of guardianship, such as a guardian of the person who focuses on personal and medical decisions, a guardian of the estate who manages money and property, or a general guardian who has broader authority. The court aims to choose the least restrictive arrangement that still protects the individual. Our role is to help you present accurate information so the court can make informed decisions.

Guardianship is a serious step that can limit a person’s right to make certain choices. In many families, it is appropriate. In others, a narrower option may suffice. We talk with clients about alternatives such as financial or health care powers of attorney, representative payee arrangements, care agreements, and other planning tools. Our goal is to help you determine whether adult guardianship is the right path or whether a less restrictive solution can provide enough protection.

How The Guardianship Process Works

In North Carolina, adult guardianship cases often begin when someone files a petition with the clerk of the superior court in the county where the person lives. For many families connected to Asheville, that can mean filing with the Buncombe County Clerk of Superior Court.

The petition explains why you believe the adult may be incompetent and what type of guardianship you are requesting. After the petition is filed, the court generally appoints a guardian ad litem, who is an advocate for the person at the center of the case. There is usually a medical, psychological, or other professional evaluation, and interested relatives often receive notice so they can participate.

The court then schedules a hearing. At that hearing, the clerk of the superior court listens to testimony and reviews reports. The adult whose capacity is in question has a right to be present and to have legal representation. The clerk usually decides whether the person is incompetent under North Carolina law and, if so, who should serve as guardian and what powers that guardian will have.

Frequently Asked Questions

How do I know if guardianship is necessary?

Guardianship may be appropriate when an adult cannot understand or manage important decisions, and less restrictive options are not enough. We talk with you about your loved one’s abilities, risks you are seeing, and any existing documents, so we can help you weigh guardianship against alternatives.

How long does the guardianship process usually take?

Timing can vary depending on court schedules, evaluations, and whether anyone contests the case. Many uncontested matters in this part of North Carolina reach a hearing within a few months. We explain typical timelines for your situation and keep you updated about each step in your particular case.

Will my loved one have a say in the guardianship case?

In North Carolina, the person at the center of the case generally has the right to attend the hearing, respond to the petition, and have an attorney. The court considers medical information and testimony, but also looks at the person’s own statements. We explain these rights, so you know what to expect.

Can you help if my family disagrees about guardianship?

Yes, we regularly assist families where relatives disagree about whether guardianship is needed or who should serve. Our attorneys draw on deep family law experience to help you navigate contested hearings, present your perspective clearly, and work toward a solution that focuses on your loved one’s welfare.

Contact Our Asheville Guardianship Lawyer Today

You do not need to have every document in place or every family conversation resolved before speaking with an attorney. If you are worried about the safety or decision-making of a loved one, a conversation with our team can help you understand your options and the process ahead.

When you contact Collins Family & Elder Law Group, you connect with a firm that combines extensive family and elder law experience, a Board Certified Family Law Specialist, and attorneys recognized by Super Lawyers, Rising Stars, and Legal Elite. We strive to provide clear guidance, steady support, and practical strategies during a very stressful time. If you are ready to talk with a guardianship lawyer in Asheville about your situation, we welcome your call.

Contact us today to get started with our Asheville guardianship attorney.