Can I have a trusted family member reinstated as my guardian instead of DSS? – North Carolina

Short Answer

Yes. In North Carolina, you (the ward) can ask the Clerk of Superior Court to remove the current guardian (including DSS) and appoint a different, suitable guardian if a change is in your best interests. The clerk looks for legal “cause” to remove the current guardian and must find that the proposed replacement is qualified and appropriate; a prior history of problems by a former guardian will be considered.

Understanding the Problem

In North Carolina guardianship, can you ask the Clerk of Superior Court to replace DSS as your guardian with a trusted family member? DSS was appointed last Friday. You want the court to change the guardian because you feel the current arrangement threatens your well-being.

Apply the Law

Under North Carolina law, the Clerk of Superior Court oversees adult guardianships and can remove a guardian for cause and appoint a successor if doing so serves the ward’s best interests. The ward may also seek restoration of rights if capacity has returned. The key forum is the Clerk of Superior Court in the county where the guardianship file is pending. Appeals from the clerk’s order in these special proceedings are fast and have short deadlines.

Key Requirements

• Cause to remove the current guardian: You must show grounds such as neglect of duties, mismanagement, or that removal best serves your welfare.
• Best interests of the ward: The clerk must decide that changing guardians will better protect your personal and/or financial well-being.
• Qualified successor: The proposed family member must be willing, able, and suitable to serve now (past issues and current safeguards matter).
• Proper filing and notice: File in the existing guardianship case and give required notice to the current guardian (DSS) and other interested persons.
• Right-sized relief: The clerk can tailor relief (for example, limited powers, co-guardianship, or conditions) instead of an all-or-nothing change.

What the Statutes Say

• North Carolina Gen. Stat. § 35A-1290 (Removal of guardian) – Allows the clerk to remove a guardian for cause.
• North Carolina Gen. Stat. § 35A-1295 (Successor guardian) – Authorizes appointment of a qualified successor guardian.
• North Carolina Gen. Stat. § 35A-1130 (Restoration to competency) – Provides a process to restore rights if you regain capacity.
• North Carolina Gen. Stat. § 1-301.2 (Appeals in special proceedings) – Sets short deadlines and procedures to appeal clerk orders.

Analysis

Apply the Rule to the Facts: DSS was appointed last Friday. If you can show that DSS’s continued service threatens your well-being or fails your needs, that supports “cause” for removal and that a change serves your best interests. The prior concerns about the family member will be weighed; you strengthen your request by showing what has changed (training, care plan, support network, or oversight) to make that person suitable now.

Process & Timing

1. Who files: The ward (you) or another interested person. Where: Clerk of Superior Court, Estates/Guardianship Division, in the county where your guardianship is pending. What: A written motion or petition in the existing guardianship case asking to remove DSS and appoint a named family member; attach evidence (medical updates, care plan, references, background checks if available). When: File as soon as you can; there is no fixed waiting period, but appeal deadlines after the clerk’s decision are short.
2. The clerk issues notice to DSS and other necessary parties, may appoint a guardian ad litem if needed, and holds a hearing. Timeframes vary by county; hearings are often set within weeks depending on dockets.
3. The clerk rules on removal and, if granted, appoints a successor guardian and enters orders (for example, limited powers, bond, reporting). Letters of guardianship issue to the new guardian after qualification.

Exceptions & Pitfalls

• If the former family guardian’s prior performance was deficient, the clerk may find them unsuitable unless you show concrete changes (support, monitoring, or limited powers) that address past problems.
• Service and notice errors can delay or derail the hearing; ensure DSS and other required parties receive proper notice in the existing file.
• If you have regained decision-making capacity, restoration of rights may be the better remedy than changing guardians.
• The clerk can deny a full switch but still tailor relief, such as limiting DSS’s powers, appointing a co-guardian, or imposing conditions like a bond or status reporting.

Talk to a Guardianship Attorney

If you’re dealing with replacing DSS as guardian or tailoring a guardianship to better protect you, our firm has experienced attorneys who can help you understand your options 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.