Short Answer

Under North Carolina law, a court-appointed “temporary” adult guardianship is an interim guardianship that lasts up to 45 days and can be extended only once for another 45 days if there is good cause. If a guardianship has continued for months or years, it is not interim; it is an ongoing guardianship that remains in place until the Clerk of Superior Court modifies it or restores the person’s rights.

Understanding the Problem

In North Carolina, can the court keep a “temporary” adult guardianship in place, and for how long? A key concern is whether the order is an interim guardianship (short-term, emergency relief) or a continuing guardianship after adjudication. Here, the person’s guardianship was labeled “temporary,” but it has lasted years and they are now awaiting a hearing to restore their rights.

Apply the Law

North Carolina uses “interim guardianship” for short-term, emergency protection before the court decides the full case. The Clerk of Superior Court may appoint an interim guardian when immediate intervention is needed. An interim guardian’s powers are limited to what is necessary to address the emergency, a hearing must be held quickly, and the appointment automatically ends after a short period unless the court enters a final guardianship or dismisses the case.

Key Requirements

• Immediate need and risk: There must be reasonable cause to believe the person is incompetent and faces an imminent or foreseeable risk to health or property needing immediate action.
• Prompt hearing: The court sets a hearing as soon as possible and no later than 15 days after service of the interim motion on the respondent.
• Short duration: The interim order lasts up to 45 days and may be extended only once for up to another 45 days upon good cause.
• Automatic end points: The interim order ends earlier if a guardian is appointed after adjudication or if the petition is dismissed.
• Forum: These matters are heard by the Clerk of Superior Court in the county where the case is filed.

What the Statutes Say

• North Carolina Gen. Stat. § 35A-1114 (Interim guardian) – Sets the standard, hearing timing, and 45-day limit with one possible 45-day extension.
• North Carolina Gen. Stat. § 35A-1108 (Hearing on petition) – Addresses scheduling hearings in guardianship proceedings.
• North Carolina Gen. Stat. § 35A-1112 (Adjudication) – Explains the adjudication phase and evidentiary standard for ongoing guardianships.

Analysis

Apply the Rule to the Facts: If a “temporary” guardianship has remained in place for years, it exceeds North Carolina’s interim limit (45 days, with one possible 45-day extension). That indicates the court likely entered a post-adjudication guardianship that continues until the Clerk modifies it or restores rights. Since you have a restoration hearing pending, the current path to end or narrow the guardianship is through that restoration or modification process.

Process & Timing

1. Who files: The respondent (ward) or any interested person. Where: Clerk of Superior Court (Special Proceedings/Estates division) in the North Carolina county where the guardianship is pending. What: A motion/petition to restore rights or to modify/limit guardianship; for emergencies, a verified motion for interim guardian is made on the guardianship petition (AOC-SP-200 includes the interim request). When: Interim hearings are set immediately and held no later than 15 days after service; interim orders last up to 45 days (one 45-day extension possible for good cause).
2. After filing for restoration or modification, the Clerk schedules a hearing and may require notice to interested parties. Timeframes vary by county and docket.
3. At the hearing, the Clerk decides whether to restore rights fully, limit the guardianship, or leave it in place. If restored, the Clerk issues an order ending the guardianship and closes the file as appropriate.

Exceptions & Pitfalls

• Calling something “temporary” does not extend an interim order beyond the 45+45 day cap; longer arrangements are ongoing guardianships that remain until changed by court order.
• Only one interim extension is allowed; missing the interim hearing or service requirements can derail or delay relief.
• Counties vary in how quickly they calendar hearings and in local practices for emergency relief; confirm local procedures with the Clerk’s office.

Talk to a Guardianship Attorney

If you’re living under a guardianship that was supposed to be temporary or you want to restore your rights, our firm can help you understand your options and timelines. Call us today.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.