Guardianship For Minor Children
In Garner & Raleigh, North Carolina
Protect Your Children & Loved Ones
Protect Your Children’s Future — No Matter What Happens.
As a parent, you plan everything for your child’s well-being — nutrition, school, activities, health care — but too few families plan for the unthinkable: who will raise their children if they’re gone or incapacitated. Without legal guardianship, the court decides what happens next — and that decision might not reflect your wishes.
At Mackintosh Law, PLLC — The Happy Lawyer, we help parents in Garner, Raleigh, Cary, Clayton, Wake & Johnston Counties create a comprehensive guardianship plan that protects both the care and future financial security of their minor children.
A Story Every Parent Understands
When Lisa* lost her husband unexpectedly, she faced the worst question any parent could imagine:
Who would raise her two young children?
Despite her wishes, without proper legal planning, the court could have appointed a guardian she wouldn’t have chosen. We helped Lisa legally designate a guardian for her children — someone she trusted, who shared her values, and who was ready to step in with clarity and authority.
Today, her children have security — financially and emotionally — because the legal groundwork was done before tragedy struck.
(*Name changed for privacy.)
Why Guardianship Planning Matters in North Carolina
If you don’t legally designate a guardian for your minor children:
A North Carolina Superior Court may appoint someone you wouldn’t choose to raise your children.
Family disputes could lead to lengthy delays and emotional conflict.
Your child’s inheritance or assets could be mismanaged or tied up in court.
In NC, completing a will that includes a guardianship nomination gives you the strongest voice in who will care for your children if you cannot. The court gives significant weight to parents’ nominations.
What Guardianship Planning With Us Includes
1. Legal Guardianship Appointments
We help you choose and legally document the person or people you want to raise your children, including:
Permanent guardians — trusted caregivers you select.
Temporary guardians — for emergencies or short-term care.
2. Financial Protection for Minor Children
We can help establish legal structures to protect assets for your children while they’re minors:
Trusts for minors
Guardian of the estate vs. guardian of the person planning
Estate coordination to avoid probate hurdles
This ensures your children’s inheritance is managed responsibly until they reach adulthood.
3. Care Instructions & Preparedness Planning
Every family is different. Guardianship planning isn’t just about naming someone — it’s about equipping that person to step in confidently. We help you document:
Daily care routines
Educational and medical preferences
Financial and legal responsibilities
Serving Your Community With Local Expertise
We are proud to serve families throughout:
Garner • Raleigh • Cary • Clayton • Clayton • Wake & Johnston Counties
Understanding local courts and procedures means fewer surprises and smoother planning for you.
Frequently Asked Questions
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It’s a legal process in which a court appoints a trusted adult to care for your children if you are unable to do so. The guardian may care for the child’s daily life, education, health decisions, and — if appointed — financial matters.
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You file an application with the Clerk of Superior Court in the county where your child lives. The court sets a hearing, may appoint a guardian ad litem to represent the child’s best interests, and ultimately issues letters of guardianship.
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While you can petition the court during life, including a guardian nomination clause in your will makes your preference clear and gives it significant weight in court decisions.
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Guardian of the Person: cares for the child’s daily life
Guardian of the Estate: manages the child’s assets
General Guardian: both of the above
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The guardian may be responsible for child care decisions, medical consent, education, and financial oversight. They may need to file periodic reports with the court.
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No. Guardianship is a legal appointment by the court when parents cannot care for a child. Custody deals with rights between parents and caregivers outside of the guardianship framework.
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For minor children, guardianship typically ends when the child reaches age 18 unless otherwise ordered by the court.
Take Action Today
Without a legally designated guardian:
The court will decide who raises your children, possibly someone you wouldn’t have chosen.
Family disputes or legal battles could delay care for your children.
Your child’s financial future may be at risk without proper planning.
By legally naming a guardian, you ensure your child is raised by someone you trust, in a stable and loving environment.