Special needs planning helps families prepare for the long-term care and financial support of a loved one with a disability or special need. The goal is to provide protection, stability, and support while preserving access to important benefits and resources when possible.

Our attorneys assist with:

• Planning for the long-term care of a loved one with special needs
• Evaluating estate planning tools for individuals with disabilities
• Coordinating planning for family members who may need ongoing support
• Helping families understand how assets may affect benefits and care planning
• Advising parents and relatives who want to provide for a loved one without creating unnecessary legal or financial complications
• Working with families to plan before a crisis occurs

Our attorneys help prepare the court documents, gather evidence, and present the information needed for the court to determine whether guardianship is appropriate. Our work includes matters involving:

• Court-appointed guardianships
• Petitions for guardianship and motions for interim guardianship
• Evidence of incapacity
• Capacity evaluations and related documentation
• Court hearings and guardianship proceedings
• Modification proceedings to guardianships
• Guidance and accountings after guardianship is granted

Guardians in North Carolina may have different levels of authority depending on the needs and limitations of the incapacitated individual, also known as the Ward. Some individuals need a guardian for both their person and their estate, while others may require a more limited arrangement. Our attorneys assist with:

• Guardianship of the person
• Guardianship of the estate
• General guardianship matters
• Decisions involving medical treatment
• Decisions involving living environment and personal care
• Authority over property and financial affairs
• Determining the level of guardianship needed

In some cases, a person or a person’s estate may be in immediate danger and need urgent protection before a full guardianship hearing can be held. In these situations, the court may grant interim guardianship for a short-term period.

Manning Fulton helps families evaluate whether interim guardianship may be necessary and assists with the filings and evidence needed to seek temporary protection for a loved one.

It is a common myth that a durable power of attorney or health care power of attorney means there will never be a need for guardianship. These documents are considered less restrictive alternatives to guardianship. While these documents can be helpful planning tools, there are limits to their authority, and they may not provide all the legal authority needed in every situation. 

Our attorneys help families evaluate:

• Durable powers of attorney
• Health care powers of attorney
• Capacity to execute a power of attorney
• Scope of existing authority
• Whether guardianship is still necessary
• Whether less restrictive alternatives may be available and are sufficient
• The best course of action to protect a loved one

A person acting under a power of attorney or similar authority has a duty to act in the best interests of the individual they are helping. Our attorneys help families evaluate the circumstances, understand available options, and determine the best course of action to protect their loved one. Manning Fulton addresses concerns involving:

• Financial harm or exploitation
• Neglect or failure to provide proper care
• Misuse of a power of attorney or other legal authority
• Other abuse affecting a vulnerable person

Guardianship does not end when the court grants the petition. Guardians may have continuing responsibilities and obligations to the Ward and to the court. Manning Fulton helps families understand and manage those responsibilities and obligations after guardianship is granted. 

Our attorneys assist with:

• Understanding guardian duties
• Managing court requirements and completing ongoing reporting requirements
• Addressing questions after appointment
• Supporting families as circumstances change including through the court modification of guardianship process
• Helping guardians act in the best interests of the Ward