Feb172026
Guardianship Q&A Series

How can I challenge or change a guardianship so my parent can move to a safer private memory-care facility? – North Carolina

Short Answer

In North Carolina, a guardianship can be changed by filing a motion in the cause with the Clerk of Superior Court in the county where the guardianship is open, asking the clerk to enter an order that addresses placement and safety. If the current guardian is blocking a needed move or not meeting the duty to provide suitable care, an interested person can also ask the clerk to remove the guardian and appoint a successor. If there is an immediate safety risk, the clerk can sometimes enter an emergency (ex parte) order to protect the ward while the case is pending.

Understanding the Problem

In North Carolina guardianship cases, the key question is often: can the court change the guardianship orders (or the guardian) so an incapacitated parent can be moved from a state facility to a safer private memory-care or rehab setting when safety and cognitive decline concerns have increased. The decision-maker is typically the Clerk of Superior Court overseeing the guardianship, and the trigger is usually a request that the current placement is no longer safe or appropriate, or that the guardian is not making decisions that protect the parent’s welfare. Timing matters because placement decisions and spending authority may remain restricted until the clerk enters a new order or expands authority.

Apply the Law

North Carolina’s guardianship statutes give the Clerk of Superior Court continuing authority over the guardianship after appointment. An interested person can file a request (even if labeled differently) that the clerk must treat as a motion in the cause to modify the guardianship order or address a dispute about care, placement, or management. If the situation is urgent and threatens the ward’s physical well-being (or risks substantial injury to the estate), the clerk may be able to enter a short-term emergency order while the matter is set for hearing.

Key Requirements

  • Proper forum and procedure: The request is made in the existing guardianship file before the Clerk of Superior Court in the county where the guardianship is docketed, usually by a motion in the cause with notice to required parties.
  • A clear reason the current arrangement is not protecting the ward: The motion should explain what has changed or what is happening now that makes the current placement unsafe or unsuitable, and what specific order is needed (for example, authority to change facilities or approval of a care plan).
  • Grounds to change the guardian (if needed): If the problem is the guardian’s conduct or decisions, the request should tie the facts to recognized grounds such as neglecting suitable care, mismanagement, conflicts of interest, refusing to follow court process, or general unsuitability.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the parent is under a court guardianship and is living in a state facility, while the family wants a move to private memory care or rehab due to safety and cognitive decline concerns. Under North Carolina law, that dispute can be brought to the Clerk of Superior Court by a motion in the cause requesting a specific placement-related order (and, if appropriate, authority to spend funds for the new facility). If the current guardian is refusing to pursue a safer placement or is not providing suitable care, the same filing can ask the clerk to remove the guardian and appoint a successor, or to enter interim orders that protect the parent until the upcoming court date.

Process & Timing

  1. Who files: Any “interested person” (often an adult child, spouse, or other close family member) or the current guardian. Where: With the Clerk of Superior Court (Estates/Guardianship file) in the county where the guardianship is docketed. What: A motion in the cause asking to modify the guardianship order to address placement and, if needed, spending authority; and/or a motion seeking removal and appointment of a successor guardian. When: As soon as the safety concern becomes clear; the motion must be set for hearing and served with notice as directed by the clerk.
  2. Request interim protection if safety is urgent: If the facts support an immediate risk to physical well-being, the motion can ask for an emergency order that temporarily authorizes a safer placement or other protective steps until the hearing. The clerk may require specific, concrete information (for example, recent incidents, care-plan concerns, or facility restrictions) rather than general dissatisfaction.
  3. Hearing and order: At the hearing, the clerk can enter an order resolving the placement dispute, adjusting the guardian’s authority, or removing the guardian and appointing a successor. If a new guardian is appointed, the clerk may also address transition issues so care decisions and payments can be made without gaps.

Exceptions & Pitfalls

  • Asking for a move without asking for authority: A placement change often requires clear authority to sign admission paperwork and pay for care. A motion that requests only “permission to move” may not solve the spending and contracting limits that are causing the delay.
  • Not tying the request to safety and suitability: The clerk generally needs specific facts showing why the current setting is unsafe or inappropriate and why the proposed setting addresses those risks, rather than a general preference for private care.
  • Skipping notice/service requirements: Motions in the cause typically require service and notice to other parties as directed by the clerk. Missing a required party can delay the hearing or limit what the clerk will do that day.
  • Seeking removal without matching a statutory ground: Removal is available, but it is not automatic. The request should connect the guardian’s conduct to recognized problems like neglect of suitable care, mismanagement, conflicts, refusal to comply with court process, or overall unsuitability.

For more background on changing a guardian when decisions about living arrangements are disputed, see change or remove my current guardian and ask the court to change who the guardian is.

Conclusion

In North Carolina, a guardianship can be challenged or adjusted by filing a motion in the cause with the Clerk of Superior Court in the guardianship county and requesting a specific order that addresses safe placement and any needed spending authority. If the current guardian is not providing suitable care or is otherwise unsuitable, the clerk can remove that guardian and appoint a successor. The most important next step is to file the motion in the existing guardianship file and get a hearing date, and request emergency relief if the parent’s physical well-being is at risk.

Talk to a Guardianship Attorney

If you’re dealing with a guardianship that is preventing a move to a safer memory-care facility, our firm has experienced attorneys who can help explain options, prepare the right motion, and focus the court on safety and timing. 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.