Can my guardian legally stop me from moving to a different place to live? – North Carolina

Short Answer

In North Carolina, a guardian of the person (or a general guardian) usually has legal authority to decide where the person under guardianship lives, so the guardian can often prevent a move that the guardian believes is unsafe or not appropriate. But that power is not unlimited: the clerk of superior court keeps ongoing oversight of guardianships and can resolve disputes, change orders, or remove and replace a guardian for cause. If a move has been blocked for years, one common next step is asking the clerk to review the living arrangement and whether a less restrictive plan is appropriate.

Understanding the Problem

In a North Carolina adult guardianship, can a guardian decide that the person under guardianship must stay in a particular home, facility, or living arrangement even when that person wants to move? The decision point is whether the guardian’s legal role includes authority over the person’s residence (as opposed to only handling money), and how disagreements about housing get resolved through the clerk of superior court who supervises the guardianship case.

Apply the Law

North Carolina guardianships are supervised by the clerk of superior court. The clerk keeps jurisdiction after a guardian is appointed and can resolve disputes and enforce or change orders in the guardianship case. In practice, when the guardian’s appointment covers personal decisions, the guardian typically controls the ward’s living arrangements unless the clerk orders otherwise.

Key Requirements

Type of guardian matters: A guardian of the person (or a general guardian) generally makes decisions about care, supervision, and living arrangements. A guardian of the estate generally manages money and property and usually does not control where the person lives.
Clerk oversight continues after appointment: The clerk of superior court retains authority to supervise the case, address compliance problems, and step in when there is a dispute about what the guardian is doing.
A court process exists to challenge the decision: A party or other interested person can ask the clerk to resolve a dispute, and the clerk can also remove a guardian for cause and appoint a successor when appropriate.

What the Statutes Say

N.C. Gen. Stat. § 35A-1203 (Jurisdiction; authority of clerk) – Gives the clerk of superior court original jurisdiction over guardianships and ongoing authority to supervise the case, resolve disputes, and remove a guardian for cause.
N.C. Gen. Stat. § 35A-1204 (Venue) – Explains which county’s clerk generally handles the guardianship case, which matters when a move would place the person in a different county.
N.C. Gen. Stat. § 35A-1205 (Transfer to different county) – Allows the clerk to transfer a guardianship matter to another county for good cause, which can come up when a residence change is requested.

Analysis

Apply the Rule to the Facts: Here, the person under guardianship reports having had multiple guardians and trying for several years to move out of the current living arrangement, but believes the guardian is limiting where they can live. If the current guardian is a guardian of the person (or a general guardian), the guardian likely has day-to-day authority over residence decisions, which can effectively block a move. If the guardian is only a guardian of the estate, the guardian may not have authority to control housing, and the issue may be more about access to funds, leases, or service arrangements rather than legal power to forbid the move.

Process & Timing

Who files: Any party or other interested person (and sometimes the person under guardianship through counsel) can ask for clerk review. Where: The Estates Division before the clerk of superior court in the county where the guardianship is pending. What: A petition or motion asking the clerk to resolve the dispute about residence and, if appropriate, to enter instructions or modify prior orders. When: As soon as the dispute is affecting safety, stability, services, or access to appropriate housing; timing can matter if a lease, discharge, or placement decision is pending.
Notice and hearing: The clerk typically sets a hearing and requires notice to the guardian and other required parties. The clerk may consider evidence about safety, support needs, available services, and whether the requested move is workable.
Possible outcomes: The clerk may enter an order giving the guardian specific instructions about housing decisions, approve or deny a proposed move, transfer the case to another county for good cause, or (in more serious situations) remove and replace the guardian for cause.

Exceptions & Pitfalls

Confusing “guardian of the estate” with “guardian of the person”: The letters of guardianship control what the guardian can and cannot do. Many disputes turn on the scope of appointment.
Trying to solve a court-supervised issue informally for too long: When the disagreement is about residence and has lasted years, the practical fix is often a clear order from the clerk rather than repeated informal requests.
Not presenting a workable plan: Clerks tend to focus on safety and feasibility. A proposed move usually goes better when it includes a realistic housing option, support plan, transportation, and continuity of care.
County-to-county complications: A move to a different North Carolina county can raise venue and transfer issues, and the guardianship file may need to be transferred for good cause.

Conclusion

In North Carolina, a guardian of the person (or general guardian) can often control where the person under guardianship lives, which can legally prevent a move in many situations. The clerk of superior court still supervises the case and can resolve disputes, issue instructions, transfer the case to another county for good cause, or remove a guardian for cause. The most direct next step is to file a petition or motion in the guardianship case with the clerk of superior court asking for review of the residence decision and a clear order about the requested move.

Talk to a Guardianship Attorney

If a guardian is blocking a move to a different living arrangement, our firm has experienced attorneys who can help explain what the guardian can control, what the clerk of superior court can order, and what paperwork may be needed to ask for a change. 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.