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Self-Paced Online

Trying Your Guardianship Case

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Date Published

May 14, 2021

Publisher

Mecklenburg County Bar

Subjects

Ethics

Questions

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Summary

The title to N.C.G.S. § 35A-1212 refers to a hearing before Clerk on appointment of guardian and the statute requires that the Clerk determine the nature and extent of the needed guardianship, the assets, liabilities and needs of the ward, and the person or entity who can most suitably serve as guardian. As to the hearing on the appointment of guardian (rather than incompetence), this statute states that the “Clerk shall make such inquiry and receive such evidence as the Clerk deems necessary.”

How not to overtry or undertry the case!
• What type of evidence and how much evidence to present? Standard of proof - "clear, cogent, convincing"
• Consideration and discretion in presenting evidence of incapacity
• Ethical considerations - medical records, HIPAA
• How do Hearing Officers Select the Guardian? Priority for guardians
• What if there is a family conflict as to the guardian

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Presenters

Alicia D. Brooks

Judicial Hearing Officer, Mecklenburg County Clerk of Superior Court.

Mandana Vidwan

Judicial Hearing Officer, Mecklenburg County Clerk of Superior Court.

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Program Titles and Supporting Materials

This program contains the following components:

Handout
Video Presentation
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Credit

If applicable, you may obtain credit in multiple jurisdictions simultaneously for this program (see pending/approved list below). If electing credit for this program, registrants in jurisdictions not listed below will receive a Certificate of Completion that may or may not meet credit requirements in other jurisdictions. Where applicable, credit will be only awarded to a paid registrant completing all the requirements of the program as determined by the selected accreditation authority.

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How to Attend

Join the self-paced program from your office, home, or hotel room using a computer and high speed internet connection. You may start and stop the program at your convenience, continue where you left off, and review supporting materials as often as you like. Please note: Internet Explorer is no longer a supported browser. We recommend using Google Chrome, Mozilla Firefox or Safari for best results.

Technical Requirements
You may access this course on a computer or mobile device with high speed internet (iPhones require iOS 10 or higher). Recommended browsers are Google Chrome or Mozilla Firefox.

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