Jan182026
Guardianship Q&A Series

How can I change or remove my current guardian if I disagree with their decisions about where I live? – North Carolina

Short Answer

In North Carolina, a guardianship stays under the supervision of the Clerk of Superior Court, and the clerk can change the guardianship order or remove and replace a guardian. The usual way to raise a dispute about living arrangements is to file a “motion in the cause” in the county where the guardianship is docketed and ask the clerk for a hearing. If the issue is serious enough, the clerk can remove a guardian for cause and appoint a successor guardian.

Understanding the Problem

In a North Carolina adult guardianship, the key question is: can the Clerk of Superior Court change or remove a current guardian when the guardian’s decisions about the ward’s living arrangement are disputed? This situation often comes up when a ward wants to move to a different home or setting, but the guardian continues to approve only certain placements. The focus is not whether a move is preferred, but whether the guardianship order should be modified or the guardian should be replaced based on how the guardian is carrying out the job.

Apply the Law

North Carolina guardianships are handled in the estates division under the Clerk of Superior Court, and the clerk keeps ongoing authority over the case after appointment. If a dispute arises—such as disagreement about where the ward lives—an interested person can ask the clerk to address it by filing a motion in the cause and setting it for hearing. If the problem is the guardian’s conduct or fitness (for example, neglecting the ward’s care or acting with a conflict), the clerk has authority to remove the guardian for cause and appoint a successor.

Key Requirements

  • Proper request to the clerk: A request to change the guardianship order or address a dispute must be filed in the existing guardianship case (typically as a motion in the cause) in the county where the guardianship is docketed.
  • Notice and a hearing: The moving party must get a hearing date from the clerk and serve the motion and notice of hearing on the other parties as required, unless the clerk orders a different method.
  • Legal basis for the change requested: The motion should clearly explain what change is being requested (for example, a change in authority over residence decisions, or removal of the guardian) and the facts showing why the clerk should enter an order to protect the ward’s interests.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the ward reports having had multiple guardians over time and believes the current guardian is limiting where the ward can live, despite years of trying to move. Under North Carolina law, that kind of ongoing disagreement about living arrangements is typically raised by filing a motion in the cause asking the Clerk of Superior Court to review the situation and enter an order about the guardianship. If the facts also support “cause” (for example, neglect of suitable care, a conflict of interest, or the guardian being unsuitable), the motion can ask the clerk to remove the guardian and appoint a successor.

Process & Timing

  1. Who files: The ward or any “interested person.” Where: The Clerk of Superior Court (Estates Division) in the county where the guardianship is docketed. What: A written motion in the cause requesting (1) a specific change to the guardianship order about residence/living arrangement decisions and/or (2) removal and replacement of the guardian. When: Any time a dispute or problem arises; the moving party must obtain a hearing date from the clerk and serve the motion and notice of hearing as required by statute.
  2. Hearing preparation: The motion should be supported with specific, concrete facts (examples: what living arrangement is requested, what the guardian has approved or denied, what reasons were given, and how the current arrangement affects care and safety). If the request is to remove the guardian, the facts should be organized around the statutory “cause” categories (neglect, mismanagement, conflict, unsuitability, failure to follow clerk orders, and similar issues).
  3. Clerk’s order: After hearing, the clerk can enter orders to address the dispute, modify how the guardianship operates, or remove the guardian and appoint a successor if the legal standard is met.

Exceptions & Pitfalls

  • Disagreement alone may not be enough: A conflict about preferences (including where to live) does not automatically prove the guardian should be removed. The strongest motions explain why the guardian’s decision-making is not protecting the ward’s interests or why the guardian is unsuitable under the statutory grounds.
  • Asking for the wrong remedy: Sometimes the best fit is a targeted modification (clarifying authority or requiring a plan and reporting) rather than full removal. Other times, removal is appropriate. A motion should clearly state the requested outcome so the clerk can enter a workable order.
  • Notice and service problems: Motions can be delayed or denied if the motion and hearing notice are not served on the required parties in the way the clerk orders. This is a common procedural trap in guardianship disputes.
  • Emergency claims need facts: Emergency relief is available, but it generally requires specific facts showing a real threat to physical well-being or substantial risk to the estate—not just frustration with the guardian’s choices.

For more background on requesting a change in who serves as guardian, see asking the court to appoint a different guardian. For a broader discussion of increasing independence within a guardianship, see what to show to get more independence or end the guardianship.

Conclusion

In North Carolina, disputes about a guardian’s decisions—including where the ward lives—are handled by the Clerk of Superior Court in the county where the guardianship is docketed. The usual path is filing a motion in the cause and requesting a hearing to modify the guardianship order or, if there is cause, to remove the guardian and appoint a successor. The next step is to file a motion in the cause with the clerk and obtain a hearing date, then serve the motion and notice of hearing on the required parties.

Talk to a Guardianship Attorney

If a guardian is limiting living arrangement choices and the situation has not improved, our firm has experienced attorneys who can help explain options, prepare the right motion, and track 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.

Category: Guardianship Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.