Short Answer

Yes. In North Carolina, you can ask the Clerk of Superior Court to remove an existing guardian and appoint you if it serves your mother’s best interests and statutory grounds exist (for example, neglect of duties or mismanagement). If a different state appointed your sibling, North Carolina typically cannot appoint a new guardian until the other state transfers the case here or ends its order; North Carolina can then accept the transfer and decide who should serve going forward.

Understanding the Problem

You want to know if you can replace your sibling as guardian and become guardian for your mother in North Carolina. Your mother has lived with you in North Carolina for several years, but the current guardianship was created in another state and your sibling is not actively managing her affairs. You need a path to have North Carolina authority so you can handle her care and benefits here.

Apply the Law

Under North Carolina law, the Clerk of Superior Court oversees guardianships. The Clerk can remove a guardian who is unsuitable or fails to perform required duties and appoint a successor who can most suitably serve the ward. When an existing guardianship was created in another state, North Carolina uses a transfer process to accept that case before making changes. After acceptance, the Clerk may consider removing the current guardian and appointing you as guardian of the person, the estate, or both (general guardian). Guardianship is a serious, last‑resort remedy; the Clerk will consider whether less restrictive options suffice and will tailor any guardianship to your mother’s actual needs. Filings, notices, and hearings occur in the Clerk’s Office, and if you become guardian of the estate or general guardian, you must meet accounting deadlines, including filing an inventory after appointment.

Key Requirements

• Grounds to replace a guardian: Show that the current guardian is unsuitable or has failed duties (for example, not accounting, mismanaging funds, or not acting in the ward’s best interests).
• North Carolina authority: If another state appointed the guardian, obtain a transfer or termination there so North Carolina can accept the case; only then can NC modify who serves.
• Best interests and suitability: The Clerk decides who can most suitably serve based on the ward’s needs; you may seek appointment as guardian of the person, the estate, or both.
• Notice and hearing: You must give required notice; the Clerk will hold a hearing and may require a bond if you will manage assets.
• Post‑appointment compliance: If appointed to manage assets, file an inventory within three months and annual accounts thereafter.

What the Statutes Say

• North Carolina Gen. Stat. § 35A-1290 (Removal of guardian) – Clerk may remove a guardian for misconduct, default, mismanagement, or unsuitability and appoint a successor.
• North Carolina Gen. Stat. § 35B-31 (Accepting transfer of adult guardianship) – NC court may accept a transfer from another state after a provisional order and proper notice.
• North Carolina Gen. Stat. § 35A-1203 (Clerk’s jurisdiction to appoint guardians) – Clerk of Superior Court has original jurisdiction to appoint guardians for incompetent persons.
• North Carolina Gen. Stat. § 35A-1261 (Inventory due within 3 months) – Guardian of the estate/general guardian must file an inventory within three months of appointment.

Analysis

Apply the Rule to the Facts: Because your mother has lived with you in North Carolina for years but the guardianship was issued elsewhere, the practical first step is to ask North Carolina to accept a transfer of the case. Once accepted, you can move to remove your sibling if you show failure to act (for example, not managing benefits needed in North Carolina) or other statutory grounds. If the other state terminates its order instead, you may file a new North Carolina guardianship and seek appointment here.

Process & Timing

1. Who files: You (as an interested person). Where: Clerk of Superior Court in the North Carolina county where your mother resides. What: Petition to Accept Transfer of Adult Guardianship (include the other state’s provisional transfer order and certified documents); after acceptance, file a motion to remove the current guardian and an Application for Appointment of Guardian (AOC‑E‑406) naming you. If a new NC case is needed instead of transfer, file the Petition for Adjudication of Incompetence and Application for Appointment of Guardian (AOC‑SP‑200). When: File the transfer petition as soon as the other state will cooperate; after NC issues a provisional order, obtain the other state’s final transfer order and return it to NC for final acceptance. If appointed over assets, file the inventory within three months.
2. Hearing before the Clerk: the Clerk confirms NC authority (by transfer or new case), considers evidence about the current guardian’s performance, and decides whether removing the guardian and appointing you serves your mother’s best interests. If you will manage assets, the Clerk sets bond and you take the fiduciary oath (AOC‑E‑400).
3. Final step: the Clerk issues Letters of Appointment showing your authority. If you are guardian of the estate or general guardian, file the 90‑day inventory (AOC‑E‑510) and timely annual accounts thereafter.

Exceptions & Pitfalls

• Registration vs. transfer: Registering a foreign guardianship lets a guardian act in North Carolina, but it does not replace the out‑of‑state guardian. To change who serves, pursue transfer and then seek removal/appointment here.
• Coordinating with the other state: If the other court declines to transfer or terminate, you may need to seek removal there first. Filing a new NC case while another state’s order remains active can cause delays or dismissal.
• Notice and eligibility: For transfers, give notice to those entitled in both states. A proposed successor guardian must be eligible under NC law and may need a bond.
• Scope matters: The Clerk can tailor a limited guardianship. Be prepared to show why you need authority over the person, the estate, or both.

Talk to a Guardianship Attorney

If you’re dealing with replacing a current guardian and moving the case to North Carolina, 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.