Jan272026
Guardianship Q&A Series

How does someone contest an existing guardianship, and what kind of evidence would they need to remove the current guardian? – North Carolina

Short Answer

In North Carolina, an existing guardianship is usually challenged by filing a “motion in the cause” in the same guardianship file with the Clerk of Superior Court. To remove the current guardian, the moving party generally needs evidence of “cause,” such as mismanagement of money, neglect of the ward’s care, conflicts of interest, failure to follow court orders, or other facts showing the guardian is unsuitable. The clerk can set a hearing, and in true emergencies can enter temporary orders (and sometimes remove a guardian) to protect the ward or the ward’s estate.

Understanding the Problem

In a North Carolina adult guardianship, can an interested person ask the Clerk of Superior Court to change or end the current guardian’s authority when a parent’s dementia is progressing and care decisions and benefit payments are already being handled through a facility and a pending guardianship file?

Apply the Law

In North Carolina, the Clerk of Superior Court has ongoing authority over a guardianship after appointment. If a family member (or other “interested person”) believes the current guardian should be removed or the guardianship order should be changed, the usual path is to file a motion in the existing case and request a hearing. The legal focus is not whether someone else could do a better job in the abstract, but whether there is a legally recognized reason to remove the current guardian and whether a change is needed to protect the ward’s person or estate.

Key Requirements

  • Standing (right to ask): The request generally must come from an “interested person” (often close family, the ward, or someone directly affected by the guardianship) or the clerk can act based on information or a complaint.
  • A proper request in the existing file: The challenge is typically made by a motion filed in the guardianship case (not by starting a brand-new lawsuit), with notice to the required parties and a scheduled hearing.
  • Cause to remove (proof of a problem): The evidence must show a recognized basis for removal, such as financial waste/mismanagement, neglect of care, conflict of interest, failure to file accountings, disobedience of court process, or other facts showing the guardian is unsuitable.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a parent with progressing dementia who has been moved from assisted living to skilled care, with a guardianship process that has been approved but still needs final paperwork, and a facility set to act as payee for income/benefits. If someone wanted to contest the guardianship or remove the current guardian, the clerk would typically look for concrete proof of a problem that fits a statutory removal ground—such as neglect in arranging appropriate care, mishandling funds, a conflict of interest, or failure to follow the clerk’s requirements (including required filings). If the concern is mainly disagreement about care choices (for example, whether skilled care is appropriate), the strongest evidence usually ties the disagreement to the ward’s safety, medical needs, or financial harm rather than family conflict.

Process & Timing

  1. Who files: An interested person (often a close relative) or sometimes the ward through counsel/guardian ad litem. Where: The Estates/Guardianship file with the Clerk of Superior Court in the county where the guardianship is docketed. What: A motion in the cause asking to remove the guardian and (usually) to appoint a successor, plus a notice of hearing. When: As soon as the concern arises; emergency relief may be requested if there is an immediate risk to the ward’s health or estate.
  2. Service and hearing: The moving party must serve the motion and notice of hearing on the required parties as directed by the clerk. At the hearing, the clerk considers testimony and documents and decides whether “cause” exists and what orders protect the ward.
  3. If removal is ordered: The clerk can revoke the guardian’s authority and appoint a successor guardian using the same general criteria used for an initial appointment, and can enter interim orders to protect the ward and the ward’s estate while the transition happens.

Exceptions & Pitfalls

  • “I disagree” is not the same as “cause”: Removal usually requires proof tied to a statutory problem (mismanagement, neglect, conflict, disobedience of court orders, missing accountings, or unsuitability), not just family tension or a different preferred plan.
  • Evidence needs to be specific and organized: Helpful proof often includes facility care notes, incident reports, care-plan documents, billing statements, bank records (if available through proper channels), proof of unpaid bills, proof of missed benefits, and communications showing refusal to act or conflicts of interest.
  • Payee vs. guardian confusion: A facility acting as representative payee for benefits is not automatically the same role as guardian of the estate. A challenge should clearly identify which authority is being contested (guardian of the person, guardian of the estate, or both) and what harm is occurring.
  • Procedural missteps can delay protection: Filing in the wrong county, failing to serve required parties, or asking for removal without also proposing a workable successor plan can slow the clerk’s ability to enter effective orders.

Conclusion

In North Carolina, an existing guardianship is typically contested by filing a motion in the cause with the Clerk of Superior Court in the county where the guardianship is docketed and requesting a hearing. To remove the current guardian, the moving party needs evidence of “cause,” such as mismanagement of funds, neglect of care, conflicts of interest, failure to file required accountings, or other facts showing the guardian is unsuitable. The next step is to file the motion in the guardianship file and obtain a hearing date from the clerk as soon as the concern arises.

Talk to a Guardianship Attorney

If a family is dealing with a contested guardianship or concerns about whether the current guardian is protecting an older adult with dementia, our firm has experienced attorneys who can help explain options, evidence, and timelines. 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.