How do I ask the court to remove or replace my adult child’s current guardian if I believe they’re not acting in my child’s best interests? – North Carolina

Short Answer

In North Carolina, a request to remove or replace an adult guardian is usually made to the Clerk of Superior Court in the county where the guardianship is administered. A parent (or other “interested party”) can file a written request asking the clerk to remove the guardian and appoint a successor if the guardian is neglecting the adult child’s care, mismanaging money, failing to file required reports, has a conflict of interest, or is otherwise unsuitable. If there is an immediate safety or care issue, the request should be filed promptly and should clearly describe the specific problems and the change being requested.

Understanding the Problem

In North Carolina, when an adult child already has a court-ordered guardianship, the decision point is whether the Clerk of Superior Court should remove the current guardian and appoint a replacement because the guardian is not protecting the adult child’s best interests. The parent’s role is to bring concerns to the clerk in the guardianship file and ask for court action that changes who has legal authority to make decisions about care, living arrangements, and (if applicable) money. The key trigger is credible information that the guardian is neglecting duties, acting with a conflict, or otherwise failing to provide appropriate care and oversight.

Apply the Law

North Carolina treats guardians as court-supervised decision-makers. The Clerk of Superior Court has authority to remove a guardian, appoint a successor guardian, and enter orders to improve the ward’s care and the management of the ward’s affairs. Removal can be based on specific problems such as neglect of care, mismanagement of money, failure to follow court requirements (like filing reports or accountings), conflicts of interest, or a finding that the guardian is unsuitable to continue serving. If the issue is missing or inadequate status reports from a guardian of the person, the clerk can order a full report within a short deadline and may remove the guardian if the guardian does not comply.

Key Requirements

Standing as an “interested party”: The request typically must come from someone with a legitimate connection to the case (often a parent, close family member, or another person affected by the guardianship) who can explain why court intervention is needed.
A legally recognized reason to remove or replace the guardian: The request should tie the concerns to recognized grounds such as neglect of care, mismanagement, conflict of interest, failure to follow court orders or reporting duties, or other facts showing the guardian is not suitable to continue.
A clear, workable replacement plan: If the request asks to replace the guardian (not just remove), it should identify who should serve instead and why that person or entity can meet the adult child’s needs and comply with court supervision.

What the Statutes Say

N.C. Gen. Stat. § 35A-1290 (Removal by Clerk) – Gives the Clerk of Superior Court authority to remove a guardian and appoint a successor, and lists common grounds for removal such as neglect, mismanagement, conflicts, failure to file required accountings, and unsuitability.
N.C. Gen. Stat. § 35A-1244 (Procedure to compel status reports) – Allows the clerk to order a guardian of the person to file a satisfactory status report within 20 days after service of the order and permits removal or contempt proceedings if the guardian does not comply.

Analysis

Apply the Rule to the Facts: Here, the parent believes a third-party guardian and/or contracted caregivers are not acting in the adult child’s best interests and wants the adult child to return to the parent’s care. Under North Carolina law, that concern fits the type of complaint that can support removal or replacement if the facts show neglect of suitable care, a conflict of interest, failure to follow court requirements (including reporting), or other reasons the clerk finds the guardian unsuitable. The strongest request usually connects specific incidents and documentation to those grounds and proposes a realistic successor plan that protects the adult child’s health, safety, and stability.

Process & Timing

Who files: A parent or other interested party. Where: The Clerk of Superior Court (Estates/Guardianship) in the county where the guardianship case is filed in North Carolina. What: A written motion or petition in the existing guardianship file asking the clerk to remove the current guardian and appoint a successor; if the issue involves missing or inadequate status reports, a request to compel a report may also be appropriate. When: As soon as there is enough information to describe the problem clearly, especially if the concern involves health, safety, living conditions, or access to care.
Notice and hearing: The clerk typically schedules a hearing or otherwise requires a response. The current guardian usually receives notice and a chance to explain actions and provide records (for example, care plans, placement decisions, or financial information if money management is involved).
Order and next steps: If the clerk finds grounds for removal or that the guardian is unsuitable, the clerk can remove the guardian, appoint a successor, and enter orders aimed at better care and management. If the issue is a deficient status report, the clerk can order a full report within the statutory timeframe and may remove the guardian if the guardian does not comply.

Exceptions & Pitfalls

Mixing up “care concerns” and “money concerns”: North Carolina guardianships can involve different roles (care decisions versus estate management). A removal request should match the problem to the guardian’s actual duties and the type of records the clerk will expect.
Asking for a change without a concrete alternative: A request to replace a guardian is stronger when it identifies a proposed successor and explains how that successor will handle housing, medical decision-making, supervision, and compliance with court reporting.
Vague allegations: General statements that a guardian is “not acting in the best interests” often fall flat. Specific dates, examples, communications, missed appointments, unsafe placements, unexplained restrictions on contact, or missing reports are more likely to prompt court action.
Overlooking reporting and compliance tools: When the core issue is lack of transparency, asking the clerk to compel a proper status report (and then enforcing compliance) can be a practical step that builds a record for removal if problems continue.

Conclusion

In North Carolina, a parent can ask the Clerk of Superior Court to remove or replace an adult child’s guardian by filing a request in the guardianship case that explains specific facts showing neglect, mismanagement, conflicts of interest, failure to follow court requirements, or other unsuitability. The request should also identify a workable successor plan if replacement is sought. A key statutory timing issue can arise when required status reports are missing or inadequate, because the clerk may order a full report due within 20 days after service. The next step is to file a written motion or petition with the Clerk of Superior Court in the guardianship file.

Talk to a Guardianship Attorney

If a court-appointed guardian is not protecting an adult child’s care, safety, or well-being, our firm has experienced attorneys who can help explain options, prepare the right filings, and focus the court on the facts and timelines that matter. 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.