Guardianship is a legal relationship in which someone (the guardian) is authorized by the clerk of superior court to be a substitute decision maker for an incompetent adult (the ward). Incompetence is determined in a court proceeding and means an individual is unable to manage his own affairs, or is unable to make important decisions.
There are three types of guardian:
- Guardian of the person (makes decisions in most areas of the ward's life, such as where they live, what type of care they receive, medical decisions)
- Guardian of the Estate (has authority to manage the ward's income and property) and
- General Guardian (has the powers and duties of both guardian of the person, and guardian of the estate)
Anyone, including a family member, a representative of a Social Work Services, mental health center, health department, or anyone else who knows the person, may file a written request (a petition) with the clerk of superior court alleging that an adult should be declared incompetent and have a guardian appointed. Every clerk's office has forms that may be completed and filed for the petition. Currently the Adult Protective Service Unit may file a petition on individuals who are either indigent, or in need of protection, AND HAVE NO ONE WHO CAN OR WILL ACT IN THEIR BEHALF.
The Social Work Services currently contracts with Hope for the Future, Inc. to serve as Guardian for a number of wards, who either have no family, or none available to serve in that capacity.
- Case management
- Monthly assessments of ward's needs (by visiting with the ward, communicating with health providers, and other persons who are involved with the ward)
- Development of a service plan
- Quarterly assessments and yearly assessments
- File necessary reports with the court/estate division
How are services paid for?
No fee for this service.
For a listing of county-wide programs & services offered by Buncombe County Government, please visit our Services For Adults section.
Do you suspect abuse?
To make an adult or child protective services report any time, day or night, call the numbers below:
Child Abuse: 828.250.5900
Adult Abuse: 828.250.5800
Report Communicable Disease
40 Coxe Avenue
Asheville, NC 28802
Hours of Operation
Monday through Friday
8:00 a.m. - 5:00 p.m.
Anyone having question about guardianship should call our Intake Line at 250-5800 and a Social Worker will talk with you.