Dec82025
Guardianship Q&A Series

How can I challenge a guardianship that was put over me when I didn’t consent and believe I can manage my own affairs? – North Carolina

Short Answer

In North Carolina, an adult under guardianship can challenge the guardianship by filing a motion in the original guardianship case asking the clerk of superior court to restore competency or to modify or terminate the guardianship. The court will schedule a prompt hearing, consider medical and functional evidence, and can restore rights if it finds the adult can manage personal and/or financial affairs. The same case can also be used to ask the court to change or limit the guardian’s powers, order safer placement, or protect property. Emergencies that threaten health or property can be addressed through expedited motions and temporary orders.

Understanding the Problem

The question is whether, under North Carolina guardianship law, an adult who did not want a guardian and believes they can manage their own affairs can challenge an existing guardianship that affects where they live, how they receive care, and control over a paid-off home and personal property. The focus is a single decision point: can that adult ask the court to undo or change the guardianship so they can leave a residential facility and regain control of life decisions. The guardianship was entered after a medical emergency and a missed hearing, and a public agency or professional guardian now makes decisions, raising concerns about property and lack of rehabilitation services.

Apply the Law

North Carolina law allows an adult ward, or any interested person, to ask the clerk of superior court to review, modify, or end a guardianship when circumstances change or when the original order no longer fits the ward’s actual abilities and needs. The main tools are: (1) a verified motion to restore competency, and (2) a motion in the cause to modify or otherwise address problems in the existing guardianship. These motions are filed in the same county guardianship file where the original incompetency and guardianship orders are docketed, and the clerk must set a hearing within a relatively short window in a restoration case. Guardianships can be limited or terminated if the court finds by a preponderance of the evidence that the ward can manage affairs, either fully or in specific areas.

Key Requirements

  • Existing guardianship file: There must be an open guardianship or incompetency case in a North Carolina county, with a clerk of superior court exercising ongoing jurisdiction over the ward and guardian.
  • Verified motion with supporting facts: The ward or another interested person must file a sworn motion in that case stating concrete facts that tend to show the ward is competent or that the guardianship arrangement or powers should change.
  • Hearing and evidence: The clerk (or a jury if requested in a restoration proceeding) must hold a noticed hearing, consider testimony, records, and evaluations, and then decide whether to restore competency, modify powers, or otherwise adjust or leave the guardianship in place.

What the Statutes Say

Analysis

Apply the Rule to the Facts: In the scenario described, a court in North Carolina has already entered an incompetency and guardianship order after a missed hearing, and a guardian or agency now controls placement and access to a paid-off home and belongings. Under the statutes above, the ward, or someone acting for the ward, can file a verified motion in that same guardianship file asking either for full restoration of competency or for modification of the guardianship to limit the guardian’s powers and change placement. Evidence about current decision-making ability, understanding of finances and property, and the desire and ability to live safely at home with appropriate support can be presented at the hearing. If the court becomes convinced, by the greater weight of the evidence, that the ward can manage personal and/or property affairs, it can restore rights and terminate the guardianship or convert it to a more limited arrangement.

Process & Timing

  1. Who files: The ward (or another interested person on the ward’s behalf). Where: With the clerk of superior court in the North Carolina county where the guardianship is docketed. What: A verified “motion in the cause” labeled as a motion for restoration of competency and/or modification of guardianship, using any county forms if available from the clerk’s office or the state courts website. When: Any time after the guardianship is in place; for a restoration motion, the clerk generally must set a hearing for a date between 10 and 30 days after service on required parties, unless adjusted for good cause.
  2. The clerk issues a notice of hearing, and the movant ensures service of the motion and notice on the guardian, the ward (if not the movant), and other parties listed in the guardianship case. Before the hearing, medical or psychological evaluations, therapy records, functional assessments, and statements from care providers or supportive witnesses can be gathered to show capacity to make decisions and to live safely in the community.
  3. At the hearing, the clerk takes testimony and reviews documents; the ward has the right to counsel or a guardian ad litem, and can request a six-person jury in a restoration proceeding. After weighing the evidence, the clerk may enter an order restoring competency (ending the guardianship after final accountings), modifying the guardianship terms or guardian’s powers (for example, changing placement authority or limiting access to property), or leaving the guardianship in place. If restoration is denied, the ward can appeal to superior court for a new hearing.

Exceptions & Pitfalls

  • Guardianships may be limited rather than fully terminated if the court finds the ward can handle some, but not all, areas of decision-making; a request that ignores partial limitations can miss realistic relief the court is willing to grant.
  • Failing to verify the motion or to state concrete facts (such as improvements in health, successful management of finances, or specific supports available at home) can result in a weak presentation and reduce the chance of a change in the order.
  • Service mistakes—such as not properly serving the guardian or other required parties—can delay the hearing or result in orders being set aside, so complying with civil procedure rules and clerk instructions is important.
  • Where a protective order was entered under adult protective services statutes in addition to a guardianship, separate motions in the cause may be needed in that file to review or change placement or services ordered there.
  • Selling or transferring a ward’s home by a guardian usually requires court oversight; not monitoring the guardianship file and not raising concerns promptly can make it harder to protect property before transactions occur.

Conclusion

Under North Carolina law, an adult who disagrees with a guardianship and believes they can manage their own affairs can challenge it by filing a verified motion in the original guardianship case asking for restoration of competency or for modification of the guardian’s powers. The clerk of superior court then holds a hearing, typically within 10 to 30 days of service, to review evidence about decision-making ability and safety. The key step is to file a clear, fact-based motion with the correct clerk and prepare focused evidence showing current capacity and appropriate supports.

Talk to a Guardianship Attorney

If an involuntary guardianship in North Carolina is preventing an adult from going home or controlling property, our firm has experienced attorneys who can help explain options to restore rights, modify orders, and protect assets. 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 any specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If there is a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Guardianship Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.