What do I need to show the court to get more independence or end the guardianship? – North Carolina

Short Answer

In North Carolina, the way to end an adult guardianship is usually to file a verified motion with the Clerk of Superior Court asking to be restored to competency and then prove, by a preponderance of the evidence, that competency has been regained. If the court agrees, it enters an order restoring competency and the guardianship should move toward closing. If full restoration is not realistic, a separate request can sometimes focus on changing how the guardianship operates (for example, addressing living arrangements) through the clerk’s ongoing supervision of the case.

Understanding the Problem

In a North Carolina adult guardianship case, a person who has been found incompetent may want the court to give back decision-making power or end the guardianship entirely. The decision point is whether the Clerk of Superior Court should find that the person is now competent again, which would restore legal rights and remove the need for a guardian. When the main concern is independence in daily life (such as where to live), the same guardianship file may also be the place where disputes about the guardian’s decisions get addressed while the guardianship remains in place.

Apply the Law

North Carolina places adult guardianship matters under the original jurisdiction of the Clerk of Superior Court. To end a guardianship based on regained capacity, the ward (or the guardian or another interested person) files a verified motion in the existing case and must present facts showing competency. At the hearing, the ward has rights that can include counsel (and, in some situations, a court-appointed guardian ad litem), the ability to request a jury, and the possibility of an evaluation ordered by the clerk.

Key Requirements

File the correct request in the correct case: A verified motion must be filed “in the cause” of the existing incompetency/guardianship file with the same Clerk of Superior Court who has jurisdiction.
Show regained competency with evidence: The court must be persuaded that competency has been regained. The legal standard is “preponderance of the evidence,” meaning more likely than not.
Follow notice, service, and hearing rules: The motion and notice of hearing must be served on the required parties, and the hearing is generally set within a defined window after service unless the clerk orders otherwise.

What the Statutes Say

N.C. Gen. Stat. § 35A-1130 (Restoration to competency) – Allows the ward (or others) to file a verified motion to restore competency; sets hearing timing, service rules, rights to counsel/guardian ad litem, possible evaluation, and the “preponderance of the evidence” standard.
N.C. Gen. Stat. § 35A-1203 (Clerk’s jurisdiction and authority) – Gives the Clerk of Superior Court original jurisdiction over guardianship matters and authority to handle related disputes and supervision issues.

Analysis

Apply the Rule to the Facts: The facts describe a ward who has had multiple guardians and believes the guardian is limiting where the ward can live. Under North Carolina law, ending the guardianship requires proving regained competency, not just disagreement with a guardian’s choices. If the evidence shows the ward can manage personal and/or financial affairs reliably now, a restoration motion under the existing file is the direct path to ending the guardianship; if the evidence instead shows ongoing need for help but conflict about living arrangements, the clerk’s ongoing authority over the case may be used to address disputes while the guardianship continues.

Process & Timing

Who files: The ward (or the guardian or another interested person). Where: The Clerk of Superior Court in the county handling the guardianship file. What: A verified motion in the cause seeking restoration to competency, plus a notice of hearing. When: The hearing date is generally set not less than 10 days and not more than 30 days from service of the motion and notice of hearing, unless the clerk orders otherwise for good cause.
Service and preparation: The petitioner must serve the motion and notice on the ward and guardian (unless one is the petitioner) and other parties to the incompetency proceeding, using civil summons-style service rules. Evidence often includes current medical/functional information, testimony from people who see day-to-day functioning, and practical proof of stable decision-making.
Hearing and decision: At the hearing, the ward may be represented by counsel and may request a jury trial. The clerk can order an evaluation. If the clerk (or jury) finds competency by a preponderance of the evidence, the clerk enters an order restoring competency and the guardianship should proceed toward final accounting and discharge.

Exceptions & Pitfalls

Confusing “more independence” with “restored competency”: A ward can strongly disagree with a guardian’s decisions (including housing choices) and still not meet the legal standard to end the guardianship. Restoration focuses on present competency.
Weak or outdated evidence: Courts usually expect current, specific facts about functioning. General statements like “doing better” often carry less weight than concrete examples of managing appointments, medications, money, housing decisions, and safety.
Service problems: If the motion and notice are not served correctly, the hearing may be delayed or continued, which can slow down any chance of change.
Not using the existing case to address disputes: When the immediate issue is where the ward lives, it may be important to raise the dispute in the guardianship file (under the clerk’s supervision authority) even if full restoration is not yet achievable.

Conclusion

In North Carolina, ending an adult guardianship usually requires a verified motion for restoration to competency filed with the Clerk of Superior Court in the existing case and proof, by a preponderance of the evidence, that competency has been regained. The clerk must set a hearing and the motion and notice must be served properly, with the hearing generally scheduled within 10 to 30 days after service unless the clerk orders otherwise. The next step is to file a verified restoration motion with the clerk overseeing the guardianship.

Talk to a Guardianship Attorney

If you’re dealing with a guardianship that feels more restrictive than necessary or want to pursue restoration to competency in North Carolina, our firm has experienced attorneys who can help explain the legal standard, the evidence that tends to matter, and the timelines in the Clerk of Superior Court. 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.