Can I ask the court to remove social services as guardian and appoint me or a private guardian instead? – North Carolina

Short Answer

Yes. In North Carolina adult guardianship cases, the Clerk of Superior Court can remove a guardian (including the county department of social services acting as a public guardian) and appoint a successor guardian when removal is needed to protect the ward’s interests or when the current guardian is not suitable to continue serving. The request is made in the existing guardianship file in the county where the guardianship is pending, and the clerk will focus on the ward’s best interests and the proposed replacement’s ability to serve.

Understanding the Problem

In a North Carolina adult guardianship, can the Clerk of Superior Court remove the county department of social services as the current guardian and appoint a family member or a private guardian instead? The decision usually turns on whether there is a legally valid reason to remove the current guardian and whether the proposed replacement is qualified and appropriate to serve. The key trigger is a concern that the current guardian is not properly managing the ward’s care or finances, has a conflict, is not following court requirements, or is otherwise not suitable to continue.

Apply the Law

North Carolina places adult guardianship oversight primarily with the Clerk of Superior Court in the county where the guardianship case is filed. The clerk has authority to remove a guardian based on information or a complaint and to appoint a successor guardian. County social services officials can serve as guardians for adults adjudicated incompetent, and they must serve if the clerk orders them to do so, but that does not prevent later removal and replacement if the legal standard for removal is met.

Key Requirements

• Grounds to remove the current guardian: The request must identify a reason the clerk can act on, such as mismanagement of money, neglect of care, failure to file required accountings, refusal to obey clerk orders, a conflict of interest, or other facts showing the guardian is unsuitable to continue.
• A suitable successor guardian: The request should name a proposed replacement and show why that person or entity can responsibly handle the ward’s needs (personal care decisions, financial management, or both, depending on the type of guardianship).
• Proper filing in the correct forum: The request must be filed in the existing guardianship proceeding before the Clerk of Superior Court with jurisdiction over that case, with proper notice and any hearing the clerk requires.

What the Statutes Say

• N.C. Gen. Stat. § 35A-1290 (Removal by Clerk) – Gives the clerk authority to remove a guardian and appoint a successor, and lists common reasons removal is required or appropriate (including unsuitability, mismanagement, neglect, conflicts, and failures to comply with court requirements).
• N.C. Gen. Stat. § 108A-15 (Social services officials and employees as public guardians) – Allows county social services officials to serve as guardians for adults adjudicated incompetent and requires them to serve when the clerk orders it.

Analysis

Apply the Rule to the Facts: The situation involves an adult guardianship where a county social services agency is serving as guardian, and a concerned person wants the court to replace that guardian with a family member or private guardian. Under North Carolina law, the path is to ask the Clerk of Superior Court in the county where the guardianship is pending to remove the current guardian based on specific removal grounds and to appoint a successor. The strength of the request will depend on (1) clear facts supporting removal (for example, neglect of care, mismanagement, conflict, or repeated noncompliance with clerk requirements) and (2) a practical plan showing the proposed successor can meet the ward’s needs and comply with ongoing court supervision.

Process & Timing

1. Who files: A concerned person (often a family member or other interested person) files a written request in the guardianship case. Where: The Office of the Clerk of Superior Court in the county where the guardianship is already open. What: A motion or petition asking the clerk to remove the current guardian and appoint a named successor guardian, supported by specific facts and any available documentation. When: North Carolina law does not set one universal deadline to seek removal; it is typically filed as soon as there is a concrete concern that the ward’s interests are not being protected.
2. Notice and hearing: The clerk may require notice to the current guardian and other interested persons and may schedule a hearing. Timing can vary by county and calendar congestion, but requests framed around immediate risk to the ward often move faster than routine disputes.
3. Decision and successor appointment: If the clerk finds legal grounds to remove the current guardian and finds the proposed replacement suitable, the clerk can enter an order removing the current guardian and appointing a successor guardian. The clerk may also enter management orders to protect the ward’s care and property during the transition.

Exceptions & Pitfalls

• “I disagree” is usually not enough: A removal request is stronger when it ties concerns to recognized removal grounds (for example, neglect of care, mismanagement, conflict of interest, failure to file accountings, or refusal to follow clerk orders), rather than general dissatisfaction.
• Not offering a workable alternative: The clerk can remove a guardian and appoint a successor, but the request should also explain who will serve and how that person will handle the ward’s needs and court requirements. A proposed successor who cannot realistically manage care, finances, reporting, or travel may face pushback.
• County-to-county practice differences: Filing steps, local forms, and scheduling can vary by county. This matters when the case is in a different jurisdiction and quick action is needed.
• Documentation gaps: Claims of mismanagement or neglect often require specifics. Missing records, unclear timelines, or secondhand information can slow the clerk’s ability to act.
• Travel and representation logistics: Because the clerk with jurisdiction is in the county where the guardianship is pending, hearings and filings usually happen there. Planning for remote coordination, document collection, and local procedure can reduce delays and costs.

Conclusion

North Carolina law allows the Clerk of Superior Court to remove a guardian, including social services acting as a public guardian, and appoint a successor when the current guardian is unsuitable or when removal is needed to protect the ward’s interests. The request should identify specific removal grounds and propose a qualified replacement who can meet the ward’s needs and comply with clerk oversight. The next step is to file a motion or petition to remove and appoint a successor in the existing guardianship case with the Clerk of Superior Court in the county where the guardianship is pending.

Talk to a Guardianship Attorney

If social services is serving as guardian in an adult case and there is a need to ask the court to remove that guardian and appoint a family member or private guardian instead, an attorney can help identify the strongest legal grounds, prepare the filing, and navigate county-specific clerk procedures and hearing logistics. 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.