Short Answer

In North Carolina, you can ask the Clerk of Superior Court to restore your financial competency (end a guardianship of the estate). If it has been less than one year since the guardianship order, you must first show good cause to file early, then prove that you can now manage your affairs. The clerk will hold a hearing, and if full restoration is not appropriate, the clerk can modify the order, expand your rights, or consider removing or replacing the guardian.

Understanding the Problem

You want to know if you can restore your financial rights in North Carolina even though your guardianship of the estate was entered less than a year ago. You (the ward) seek to file with the Clerk of Superior Court to end the financial guardianship so you can control spending again. The order is recent, and your current guardian, a relative, has frozen accounts and limited spending.

Apply the Law

Under North Carolina law, a ward, the guardian, or another interested person may petition the Clerk of Superior Court to restore the ward’s competency. If less than one year has passed since the original adjudication (or a prior restoration hearing), you may still file, but you must show good cause to do so early. The hearing occurs in the same county where the guardianship is filed. You must present credible evidence that you can now manage your property, and the clerk may consider medical or functional evaluations. If full restoration is not warranted, the clerk can narrow or modify the guardianship or adjust the guardian’s authority. The clerk can also remove or replace a guardian for cause.

Key Requirements

• Standing: The ward, the guardian, or another interested person may file a petition to restore competency.
• Timing: Within one year of the adjudication (or last restoration hearing), you must show good cause to file early before the clerk will hear the request.
• Venue: File in the county Clerk of Superior Court where the guardianship was first appointed and is docketed.
• Notice and Service: Provide notice and proper service to the guardian and other required parties so the clerk can hold a hearing.
• Proof: Offer current evidence (for example, medical or functional assessments) showing you can now manage your affairs; the clerk can alternatively modify the guardianship instead of fully ending it.
• Alternative Relief: If full restoration is not appropriate, you may seek to modify limits, expand specific rights, or remove/replace the guardian for cause.

What the Statutes Say

• North Carolina Gen. Stat. § 35A-1135 (Restoration to competency) – Allows a petition to restore competency; early filing within one year requires good cause and a hearing before the clerk.
• North Carolina Gen. Stat. § 35A-1290 (Removal of guardian) – Permits removal or replacement of a guardian for cause (e.g., failure to perform duties or mismanagement).
• North Carolina Gen. Stat. § 7A-38.3B (Mediation before the clerk) – Authorizes the clerk to order mediation in matters within the clerk’s jurisdiction, including guardianship issues.

Analysis

Apply the Rule to the Facts: Because your guardianship order is less than a year old, you must first show good cause to file early—typically with recent evaluations, proof of stable finances, and evidence that you can manage your funds. You would file in the same county’s Clerk of Superior Court where your guardianship was opened and serve your guardian. If the clerk finds you can now manage your property, the clerk can restore your rights; if not, the clerk may modify the order (for example, expand your spending authority) or consider guardian removal if restrictions are improper.

Process & Timing

1. Who files: The ward (you). Where: Clerk of Superior Court in the county where the guardianship is docketed. What: Petition/Motion to Restore Competency with a separate request showing good cause to file within one year; attach recent medical or functional evidence and a proposed order. When: File anytime, but within one year you must include a good-cause showing before the clerk will proceed.
2. After filing, properly serve the guardian and any other required parties. The clerk will schedule a hearing; timing varies by county and docket. Be prepared with testimony and documentation (e.g., banking records, budget, housing, treatment compliance).
3. At the hearing, the clerk may restore competency, modify the guardianship (e.g., increase spending autonomy or convert to a limited guardianship), or deny restoration. If appropriate, you may also seek removal or replacement of the guardian for cause.

Exceptions & Pitfalls

• Filing too soon without good cause: Early petitions can be denied; gather concrete, recent evidence before asking to proceed within one year.
• Insufficient proof: Bring current evaluations and practical evidence of money management; bare assertions are usually not enough.
• Spending for others: Guardianship funds must be used for the ward’s exclusive benefit. Requests to purchase gift cards for others can be a red flag and may undermine restoration.
• Service defects: If you do not properly serve the guardian and other required participants, the clerk may delay or dismiss the hearing.
• Consider alternatives: If full restoration is not realistic today, seek a modification to expand your spending rights, or seek removal/replacement of a guardian who is over-restricting or not acting in your best interests.

Talk to a Guardianship Attorney

If you’re dealing with restoring financial rights or modifying a guardianship, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

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.