Feb232026
Guardianship Q&A Series

Can the current guardian file the petition to expand the guardianship, or can another family member do it? – North Carolina

Short Answer

In North Carolina, the current guardian can ask the Clerk of Superior Court to expand the guardianship, and another family member can also file. State law allows any party or any other interested person to petition the clerk in a guardianship case, and it also allows a broad group of people to file an application for appointment of a guardian. The key issue is not who files, but whether the clerk finds a legal basis to add authority over money and property.

Understanding the Problem

In North Carolina adult guardianship, the question is who can start the court process to expand an existing case from a guardian of the person (health, living arrangements, and personal decisions) to also include a guardian of the estate (money and property decisions). The decision point is whether the request can be filed only by the current guardian, or whether another family member can file with the Clerk of Superior Court to ask for expanded financial authority.

Apply the Law

North Carolina guardianship cases are handled as special proceedings before the Clerk of Superior Court in the county where the case is pending. The clerk keeps ongoing authority over the case after appointment and can address disputes, adjust bond, and make other guardianship-related orders. Under North Carolina law, any party or any other interested person may petition the clerk to exercise that authority, which is the statutory basis that commonly allows either the current guardian or another family member to bring an expansion request to the clerk.

Key Requirements

  • Proper petitioner: The filing must be made by someone the law allows (often the current guardian, a family member, or another “interested person” with a legitimate connection to the ward and the case).
  • Clear request for the type of authority sought: The filing should state whether it seeks a guardian of the estate or a general guardian (person + estate), and identify who should serve in that role.
  • Facts showing a need for financial protection: The request should explain why expanded authority is needed (for example, inability to manage funds safely, vulnerability to exploitation, unpaid bills, or risky spending), and include a general description of assets and income to the extent known.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The existing case already has a guardian of the person (the former spouse). Under North Carolina law, that current guardian can file to ask the clerk to expand the guardianship to include authority over money and property. Another family member (including the adult ward’s relative who wants the change) can also file, as long as the person qualifies as an “interested person” and provides enough information for the clerk to evaluate whether adding a guardian of the estate (or converting to a general guardian) is necessary to protect the adult ward.

Process & Timing

  1. Who files: The current guardian or another interested family member. Where: The Clerk of Superior Court in the county where the guardianship is pending. What: A written petition/request in the guardianship file asking to add a guardian of the estate (or to appoint a general guardian), typically with an updated summary of assets, income sources, and the reasons expanded authority is needed. When: As soon as there is a concrete financial risk or an immediate need for someone to act (for example, bills going unpaid or suspected exploitation).
  2. Notice and scheduling: The clerk generally requires notice to required parties in the guardianship and may set a hearing or request additional information. Procedures and local forms can vary by county.
  3. Order and follow-through: If the clerk grants expanded authority, the clerk’s order will define the scope (estate-only or general). If a guardian of the estate is appointed, the clerk commonly requires a bond and ongoing financial reporting/accounting rules.

Exceptions & Pitfalls

  • Standing fights: If a non-guardian family member files, the clerk may scrutinize whether that person is truly an “interested person” and whether the filing is aimed at protecting the ward rather than advancing a family dispute.
  • Confusing “guardian of the estate” vs. “power of attorney”: A guardianship expansion is a court-supervised process. It is not the same as getting added to a bank account or using a power of attorney.
  • Missing asset details: Even if exact numbers are not known, the filing should identify the types of assets/income involved (benefits, bank accounts, real property, debts) so the clerk can evaluate the need for estate authority and any bond.
  • Assuming the current guardian automatically gets estate powers: A guardian of the person does not automatically have authority over money and property. The clerk must grant that authority through a proper appointment/order.

For more detail on the broader process of changing an existing case, see change an existing guardianship so the current guardian can also manage money and property.

Conclusion

In North Carolina, the current guardian can file to expand an adult guardianship, and another family member can also file if they qualify as an interested person in the case. The Clerk of Superior Court decides whether to add a guardian of the estate (or appoint a general guardian) based on the need to protect the adult ward’s finances and property. The next step is to file a written petition with the clerk in the existing guardianship file as soon as financial risk becomes clear.

Talk to a Guardianship Attorney

If you’re dealing with an existing North Carolina guardianship and need to expand it to protect an adult relative’s money and property, our firm has experienced attorneys who can help explain the options, filings, 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.